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Anonymously Anonymous
Level 2

Dependents

My significant other's mother claimed him as a dependent whenbhe clearly does not meet the statndards. He contacted his mothers tax preparer and she stated it was fully legal and that he is saving his mother money by doing his taxes as a dependent. His moms tax preparer convinced him and his mother to keep taxes as is so his mother would not have to pay the 1800 back and to just give him the stimulus check she would be receiving.  My significant other lives in his own apartment and makes more than 23k a year. Will this come back to haunt him later? Was this fraud? Its alarmaing since we have a child we cant afford getting fined by the IRS

1 Best answer

Accepted Solutions
Hal_Al
Level 15

Dependents

The support issue is secondary.  He does not live with his mother and makes more than $4200, so, as you said, he clearly does not qualify as his mom's dependent*.

 

With the tax law change, effective 2018, most dependents will get the same refund whether they claim themselves or not. The personal exemption has been eliminated and the standard deduction increased. So, there is increased incentive for doing what they're doing.  But there's increased incentive for IRS enforcement, as well. The fall back will be mostly on the mom,  as the son has nothing to pay back. $1800 sounds like she claimed EIC, and that is a serious  error (the other dependent credit is only $500). 

 

*If he moved out of her house in 2019 and was a full time student, or under 19,  or if he only lives in his own apartment because he is away at school, the answer could be different. .

 

 

 

 

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5 Replies
AmyC
Employee Tax Expert

Dependents

Let's get the facts straight and find out. First, Support worksheet  to see if she supports him. If she is flying him around the world on fabulous vacations and paying for things, she could support him.

 

Once you know if she supports him, then you can move to can she claim him. Use this short, anonymous, online IRS quiz, Whom May I Claim as a Dependent?

 

She won't get stimulus money for him since he is over 17. He would have gotten stimulus money if he had filed his own return.  That is a big difference, $1,200. Please see Impact Payment Calculator.

 

He can file an amended return and claim himself, the IRS will send him a stimulus check later and a letter to his mom wanting their money back. 

 

I don't know who is claiming your child, he would get Earned Income Credit and Child Dependent Credit on his income if he was claiming the child.

 

Good luck!

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Anonymously Anonymous
Level 2

Dependents

His mother definently does not support him and between her tax preparer and herself they have convinced my significant other to file his taxes as a dependent.  Will he be audited for this down the line or would this fall back on his mother and the tax preparer? 

Hal_Al
Level 15

Dependents

The support issue is secondary.  He does not live with his mother and makes more than $4200, so, as you said, he clearly does not qualify as his mom's dependent*.

 

With the tax law change, effective 2018, most dependents will get the same refund whether they claim themselves or not. The personal exemption has been eliminated and the standard deduction increased. So, there is increased incentive for doing what they're doing.  But there's increased incentive for IRS enforcement, as well. The fall back will be mostly on the mom,  as the son has nothing to pay back. $1800 sounds like she claimed EIC, and that is a serious  error (the other dependent credit is only $500). 

 

*If he moved out of her house in 2019 and was a full time student, or under 19,  or if he only lives in his own apartment because he is away at school, the answer could be different. .

 

 

 

 

View solution in original post

rlemperle
New Member

Dependents

My son didn't check the box that he can be claimed as a dependent.  Everything I am reading here says to amend his return.  But, on the 1040X  there is not a place to amend that box.  Do you have any idea how or where to do that on the 1040X.  Because he didn't check the box, I am unable to e-file my return as I am trying to claim his as a dependent.  I am lost!  Turbo tax should have made a spot in their online process to select this box if you are in a certain age group.  So dumb!

Hal_Al
Level 15

Dependents

Q. Do you have any idea how or where to do that on the 1040X?

A. In the explanation box on form 1040X, you explain" amending to check box that taxpayer can be claimed as a dependent". Then you include a revised copy of form 1040 with that box checked. 

 

Q.  I am unable to e-file my return as I am trying to claim his as a dependent.

A. You can no longer e-file. You have to mail in a paper return. But you do not have to wait for his amended return to be processed (or even mailed). You can mail yours in now.

 

Q. Turbo tax should have made a spot in their online process to select this box if you are in a certain age group. 

A.  Everybody listed in the personal info section, whether taxpayer, spouse or dependent gets the "can you be claimed" question. 

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