I filed tax claimed my son found out later his father claimed him as well (he's not on our son birth certificate.So 2017 tax return who should file amended and pay back ?

maynii87 — Tue, 04 Jun 2019 20:00:24 GMT

so back in 2016 tax return i filed and claim my son but then i found out later his father claim him as well ( we both got accepted and got refund) and didn't tell me by mistake (we are not married) i was in a different country by the time we do our tax

so in December 2017 we both received a letter that the other parent claim the same our son SSN. my question is who's have to file for amended and pay it back to IRS when doing tax this year 2017? how is it work for amended and how much to pay back ?

my son live with me most after he was born and his father was gone around 7 months and his father name is not not our son birth certificate just me

It depends who lived with the child more in 2016. If you...

Coleen3 — Tue, 04 Jun 2019 20:00:25 GMT

It depends who lived with the child more in 2016. If you both qualify, see the tiebreaker rules below until you reach the one qualification that rules one of you out.

In general, to be a taxpayer’s Qualifying Child, a person must satisfy four tests:

Relationship — the taxpayer’s child or stepchild (whether by blood or adoption), foster child, sibling or step-sibling, or a descendant of one of these.

Residence — has the same principal residence as the taxpayer for more than half the tax year. Exceptions apply, in certain cases, for children of divorced or separated parents, kidnapped children, temporary absences, and for children who were born or died during the year.

Age — must be under the age of 19 at the end of the tax year, or under the age of 24 if a full-time student for at least five months of the year, or be permanently and totally disabled at any time during the year.

Support — did not provide more than one-half of his/her own support for the year.

Tiebreaker rules. To determine which person can treat the child as a qualifying child to claim the six tax benefits just listed, the following tiebreaker rules apply.

If only one of the persons is the child's parent, the child is treated as the qualifying child of the parent.
If the parents file a joint return together and can claim the child as a qualifying child, the child is treated as the qualifying child of the parents.
If the parents don't file a joint return together but both parents claim the child as a qualifying child, the IRS will treat the child as the qualifying child of the parent with whom the child lived for the longer period of time during the year. If the child lived with each parent for the same amount of time, the IRS will treat the child as the qualifying child of the parent who had the higher adjusted gross income (AGI) for the year.
If no parent can claim the child as a qualifying child, the child is treated as the qualifying child of the person who had the highest AGI for the year.
If a parent can claim the child as a qualifying child but no parent does so claim the child, the child is treated as the qualifying child of the person who had the highest AGI for the year, but only if that person's AGI is higher than the highest AGI of any of the child's parents who can claim the child. If the child's parents file a joint return with each other, this rule can be applied by treating the parents' total AGI as divided evenly between them.

topic I filed tax claimed my son found out later his father claimed him as well (he's not on our son birth certificate.So 2017 tax return who should file amended and pay back ? in After you file

I filed tax claimed my son found out later his father claimed him as well (he's not on our son birth certificate.So 2017 tax return who should file amended and pay back ?

It depends who lived with the child more in 2016. If you...