I did not “claim” my children on my return, because my fiancé is, however, when he went to file his taxes, they were rejected, saying that the children were already claimed. I should have been filed as “Single” instead of “head of household” and apparently simply by listing the children on the return and stating that they lived with me 12 months out of the year, etc. the system has somehow claimed them as mine... but not even given me the credits I would receive if I ACTUALLY claimed them. Now I’m unable to amend on the TurboTax app, he’s unable to file, and we’re about to get screwed out of a lot money. PLEASE HELP!!!
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The IRS is quite aggressive about people sharing the tax benefits of a child, even though the rules don't always prohibit it.
Unfortunately, there isn't a quick solution to this.
You will need to amend your tax return, bur that option isn't available until mid-February, or after you get your refund, whichever comes later.
This is how you do it in Turbo Tax Online:
Keep in mind, the amendment is a separate tax return from your original return. If your original return shows a refund, you will still get that refund.
If your amended return shows a refund too, you will get a second refund.
If your amendment shows that you owe, it is because your original refund was too high and you have to pay back part of it.
As far as your fiance, he will not be able e-file a return that claims these children even after you file your amendment. The IRS will not accept a second return listing these children.
To avoid problems in the future, if all of you live in the same house, only one of you can be head of household. It should be the one with the higher income.
If you have more than one child, you can agree to claim one or more and he can claim the rest. By claim, I mean claim them as a dependent and claim all of the related credits.
It is when you claim Head of Household and/ or Earned Income Credit for a child and he claims the same child as a dependent that the IRS starts rejecting returns.
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