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destany432
New Member

Both my parents passed away and I’ve been live with my boyfriend but it says someone already claimed me. Is there anything I can do

 
4 Replies
DoninGA
Level 15

Both my parents passed away and I’ve been live with my boyfriend but it says someone already claimed me. Is there anything I can do

Did your boyfriend claim you as a dependent on his tax return?

Opus 17
Level 15

Both my parents passed away and I’ve been live with my boyfriend but it says someone already claimed me. Is there anything I can do

First of all, your boyfriend cannot claim you as a dependent on his 2020 tax return unless you lived in his home for the entire year of 2020, and you had less than $4300 of taxable income, and he paid more than half your total living expenses.  In this case, if his tax return was rejected because of a duplicate dependent claim, he will have to print his tax return, sign it, and mail it to the IRS. The IRS will then investigate the duplicate dependent claim.

 

You are not clear on the facts of your situation so let me make an additional observation. If your parents (or one of your parents) died during 2020, then someone has to file a 2020 tax return for them, and they may be entitled to claim you as a dependent on that final tax return, depending on the total circumstances.  In that case, if your boyfriend also claims you as a dependent, he may end up fighting with your parents estate or their executor over who has the correct claim.  Additionally, if you lived with your parents for any part of 2020, then you did not live with your boyfriend for the entire year and he cannot claim you as a dependent.

*Answers are correct to the best of my ability at the time of posting but do not constitute legal or tax advice.*
xmasbaby0
Level 15

Both my parents passed away and I’ve been live with my boyfriend but it says someone already claimed me. Is there anything I can do

Very sorry for your loss.

 

It is not clear from your post that your BF claimed you.   It should be pretty easy to ask him if he did so.   If your BF did not claim you as a dependent, and cannot claim you for the reasons explained in a previous reply, then it is also possible that someone else used your Social Security number on a tax return---either by mistake or on purpose.  If your SSN has been put into the system already, then you cannot e-file a 2020 return.

 

 

If someone else CAN claim you as a dependent then you need to say in My Info that you can be claimed.

https://ttlc.intuit.com/community/dependents/help/when-do-i-have-to-answer-yes-to-being-claimed-as-a...

 

If you cannot be claimed as anyone else's dependent and need to file your own tax return, then file on paper.   Print, sign and mail your return.   The IRS will sort it out.   Expect it to take awhile for them to process your return, since mailed returns are taking months to be processed.   Use a mailing service like certified mail to track it so you will know the IRS received your return.

 

Federal and state returns must be in separate envelopes and they are mailed to different addresses.  Read the mailing instructions that print with your tax return carefully so you mail them to the right addresses.

**Disclaimer: Every effort has been made to offer the most correct information possible. The poster disclaims any legal responsibility for the accuracy of the information that is contained in this post.**
Hal_Al
Level 15

Both my parents passed away and I’ve been live with my boyfriend but it says someone already claimed me. Is there anything I can do

If someone else claimed you, as a dependent,  inappropriately, and if they file first, your return will be rejected if e-filed. You would then need to file a return on paper, claiming yourself, if appropriate. The IRS will process your return and send you your refund, in the normal time. Shortly (up to a year) thereafter, you’ll receive a letter from the IRS, stating that your exemption was claimed on another return. It will tell you that if you made a mistake to file an amended return and if you didn't make a mistake to do nothing. The other party will get the same letter you did. If one of you doesn't file an amended return, unclaiming the exemption, the next letter, from the IRS, will require you to provide proof. Be sure to reply in a timely manner.

Winner gets the tax benefits; loser gets to pay the IRS back with penalties and interest.

 

If it's your BF who wants to claim you, rather than you claiming yourself, it's still handled the same way. He needs to file a paper return.   But, his ability to claim you is more stringent.  

There are two types of dependents, "Qualifying Children"(QC) and standard ("Qualifying Relative" in IRS parlance even though they don't have to actually be related).  You cannot be your BF's QC dependent.

 

A person can still be a Qualifying relative dependent, if not a Qualifying Child, if he meets the 6 tests for claiming a dependent:

  1. Closely Related OR live with the taxpayer ALL year
  2. your gross taxable income for the year must be less than $4300 (2020).
  3. The taxpayer must have provided more than 1/2 your support

In either case:

       4. You must be a US citizen or resident of the US, Canada or Mexico

       5. You must not file a joint return with your spouse or be claiming a dependent of your own

       6. You must not be the qualifying child of another taxpayer

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