Health insurance and claiming dependant

[MB478]

I received a 1095-C form, which lists my step-son as a dependent on my large employer health insurance plan. I then claimed him as a dependent on my income taxes because I thought this required me to do so. Should I file an amended return so his father can claim him? (he does have the right to claim him in his and my wife's divorce decree)

[DoninGA]

A Form 1095-C is not reported on a tax return so there is no reason for you to file an amended return.

[MB478]

My step-son's father (my wife's ex-husband) wants to claim him on his income taxes but can't since I claimed him on my income taxes. He wants me to file an amended return to take my step son off of mine...

[VolvoGirl]

If he is qualified to claim him then he will have to print and mail his return this year since you already used the son's ssn on your return.  You will have to amend your return to take him off.  But even if you amend it won't release the ssn for the ex to claim him).  

[BettieG]

It sounds like you claimed your stepson as a dependent on your tax return in a situation in which the father has the legal right to claim him in the divorce decree with your wife.  In this case, the father can (and likely, will) claim your stepson.  Only one taxpayer can claim a child as a dependent.  See this article which addresses a separate legal document stipulating the parent who may claim the child.

Since it appears that you and your wife were not entitled to claim your stepson, you should consider filing an amended return to remove your stepson from your return.

I hope this is helpful.

[MB478]

Yes, that is the situation...my stepson is and has been on my health insurance, and I had a marketplace plan a few years ago. I remembered reading something telling me I had to claim him on my taxes if I had him on one of those health insurance plans...