You'll need to sign in or create an account to connect with an expert.
This is a tax site. You need legal advice.
Well, I was really hoping someone would know from past experiences since this pertains to taxes and tax fraud.
The child must have lived with you for more than half the year to be your dependent. So, it is unlikely that you could claim her for 2022; although she may have been your son's dependent for 2022.
As for 2023, it may matter whether it was you or your son who could claim the child*.
If someone else claimed your dependent child 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 the child as 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 child 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 child, the next letter, from the IRS, will require you to provide proof. Be sure to reply in a timely manner.
References:
https://www.thebalance.com/claiming-same-dependent-audit-risk-3193030 (audit discussion)
https://ttlc.intuit.com/turbotax-support/en-us/help-article/taxation/somebody-already-claimed-depend... (TT Article)
*There are two types of dependents, "Qualifying Children"(QC) and Other ("Qualifying Relative" in IRS parlance even though they don't have to actually be related). There is no income limit for a QC but there is an age limit, student status, a relationship test and residence test. Only a QC qualifies a taxpayer for the Earned Income Credit and the Child Tax Credit. They are interrelated but the rules are different for each.
The support test is different for each type. The support test, for a QC, is only that the child didn't provide more than half his own support. The support test for a Qualifying Relative is that the taxpayer provided more than half the relative's support.
.A child closely related (grandchild counts) to a taxpayer can be a “Qualifying Child (QC)” dependent, regardless of the child's income, if:
See full dependent rules at: https://turbotax.intuit.com/tax-tools/tax-tips/Family/Rules-for-Claiming-a-Dependent-on-Your-Tax-Ret...
Still have questions?
Make a postAsk questions and learn more about your taxes and finances.
Dposey1984
New Member
bones-dellag
New Member
alib176671
New Member
mholle676
New Member
sm887j
New Member
Did the information on this page answer your question?
You have clicked a link to a site outside of the TurboTax Community. By clicking "Continue", you will leave the Community and be taken to that site instead.