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Disabled Adult not claimed as a deduction but parent claimed head of household

I am a disabled adult my mom claimed head of household and amended her last couple years as head of household but she said she didnt claim me as a dependent do I need to amend my taxes to change anything? Will this affect my stimulus payments too? Thank you

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10 Replies

Disabled Adult not claimed as a deduction but parent claimed head of household

Head of Household CANNOT be claimed unless the qualifying person is a dependent on the tax return. 

 

The ONLY exception is for divorced  or separated parents with a minor (under age 18) child and the custodial parent released the dependent to the non-custodial parent).   

 

The only way to amend and do that requires lying on the tax return which is tax fraud.

**Disclaimer: This post is for discussion purposes only and is NOT tax advice. The author takes no responsibility for the accuracy of any information in this post.**

Disabled Adult not claimed as a deduction but parent claimed head of household

Your seemingly simple question has a lot going on.

 

first, do you qualify to be claimed as a dependent? There are two sets of rules under which you might qualify to be claimed as a dependent. One set of rules requires that you be disabled and live in your parents home more than half the year. “Disabled” for income tax purposes means that you are unable to perform substantial gainful work, and so, it does not mean the same as the word “disabled” might mean for a medical diagnosis. For example, someone who is blind or in a wheelchair might qualify as disabled by medical definition but is not disabled for tax purposes if they can perform a job of some kind.

 

The second set of rules under which you could qualify to be a dependent only requires that your parents pay more than half your financial support, and that you have less than $4300 of taxable income. You don’t have to be disabled and you don’t have to live with your parents to meet this test.

 

If you meet either test to be claimed as a dependent, you must answer “yes, I can be claimed as a dependent by another taxpayer“ on your tax return. For 2020 and 2021, this will disqualify you from receiving stimulus payments or the recovery rebate in your own name.  If you answered “no“ so that you could claim the rebates, this might be considered tax fraud, and we don’t know how aggressively the IRS will pursue this. The IRS has three years to audit tax returns, and six years in the case of fraud.

 

Now we have to turn to the definition of “head of household.“ Your mother could only claim you as head of household if she also claimed you as a dependent, unless you were under age 19 and subject of a custody agreement between parents who are divorced or living separately.  Using tax software, it would be impossible for your mother to e-file if she used you as a qualifying person for head of household but did not claim you as a dependent. If she filed by mail, the IRS computers should have caught the mistake and should not have processed a refund without requesting a correction from her.

 

Ultimately, the situation is this. If she claimed you as a dependent and a qualifying person for head of household, you must check the box that says “yes I can be claimed as a dependent”. If you answer “no”, you will be blocked from e-filing and you will have to mail your return, and the IRS will investigate both you and your mother after the busy season is over.

 

On the other hand, if you don’t meet the qualifications to be claimed as a dependent, you are perfectly entitled to answer “no that you can’t be claimed“, in which case you may be eligible for the recovery rebate and the stimulus payments. However, your mother may need to file amended tax returns in that situation to remove you as a dependent.

Disabled Adult not claimed as a deduction but parent claimed head of household

I am permanently disabled and on social security disability after working for about 30 years my mom had her taxes done by H and R block their the ones that told her to claim head of household so she got a higher deduction and had her amend the last couple years taxes and they advised her not to claim me as a dependent.  I live with her full time for about 3 years and she does have to take care of the household expenses because I have alot of medical expenses and couldnt afford to live on my own anymore and had to move in with her after living on my own for a long time I've also unfortunately have had to almost take out all of my retirement account for medical expenses over the years........since my mom used me to qualify as head of household doesnt that require her to also claim me as a dependent? I dont want to do anything wrong or against the law and neither does she. To me when she told me what her tax preparer did didnt sound right to me the way I have read tax laws it looks like if she uses me to qualify as head of household she also has to claim me as a dependent and then I would have to file that someone claims me as a dependent 

Disabled Adult not claimed as a deduction but parent claimed head of household


@Lexifrise wrote:

I am permanently disabled and on social security disability after working for about 30 years my mom had her taxes done by H and R block their the ones that told her to claim head of household so she got a higher deduction and had her amend the last couple years taxes and they advised her not to claim me as a dependent.  I live with her full time for about 3 years and she does have to take care of the household expenses because I have alot of medical expenses and couldnt afford to live on my own anymore and had to move in with her after living on my own for a long time I've also unfortunately have had to almost take out all of my retirement account for medical expenses over the years........since my mom used me to qualify as head of household doesnt that require her to also claim me as a dependent? I dont want to do anything wrong or against the law and neither does she. To me when she told me what her tax preparer did didnt sound right to me the way I have read tax laws it looks like if she uses me to qualify as head of household she also has to claim me as a dependent and then I would have to file that someone claims me as a dependent 


That is correct - she must claim you as a dependent.      HOH cannot be claimed unless the qualifying person for HOH is also a dependent.     H&RB knows that or should.

**Disclaimer: This post is for discussion purposes only and is NOT tax advice. The author takes no responsibility for the accuracy of any information in this post.**

Disabled Adult not claimed as a deduction but parent claimed head of household

@Lexifrise 

@macuser_22 

 

https://www.irs.gov/publications/p501#en_US_2020_publink1000220823

I took a very careful look at IRS publication 501 and it turns out that in order to qualify as head of household, the taxpayer must have a qualifying person, and a qualifying person is someone that they can claim as a dependent. It does not actually say that they must claim them as a dependent.  So it appears to be completely legal for your mother to use you as a qualifying person for head of household if you can be claimed as a dependent, even if she does not actually claim you as a dependent.

 

However, I can’t understand any reason to use that strategy. Your mother would be foregoing a $500 a year dependent tax credit.  Meanwhile, you must still check the box that says “yes, I can be claimed as a dependent“ if you file a tax return, and this will still disqualify you from the stimulus payments in 2020 and 2021.  In other words, your mother loses due to this strategy and you can’t gain anything from this strategy.

 

Again, if you were to file and answer “no, I can’t be claimed as a dependent” this would conflict with your mother’s tax return and would probably prompt an IRS investigation, and may be considered tax fraud if you answer “no” in order to claim stimulus checks.

Disabled Adult not claimed as a deduction but parent claimed head of household

So if she doesn't claim me as a dependent when I file my taxes I don't get an deduction for myself? 

Disabled Adult not claimed as a deduction but parent claimed head of household

If you can be claimed as a dependent, you must say so, even if the person who could claim you agrees not to claim you.  

To answer otherwise is to potentially commit fraud.  I don’t know what the actual risk of getting caught would be.  

DanielV01
Expert Alumni

Disabled Adult not claimed as a deduction but parent claimed head of household

@Lexifrise  Unless your mom has other dependents she is claiming, she cannot have legally claimed Head of Household without having claimed you as a dependent.  If she did, she used a provision that doesn't apply to her situation.  The real question is whether or not you are a dependent.  You would be a dependent if you are totally disabled by IRS standards, which would mean that you are incapable to participate in any gainful activity, and that you do not provide at least 50% of your own support.

 

She could also claim you as a dependent if you earn less than $4300 in taxable income (in 2020, and Social Security or SSI income is not taxable income for this purpose) and she provided at least half of your support.  Only in either of these two circumstances could she both claim you and claim Head of Household (and she would have to do both).

 

Regardless, your deduction (if filing as single) is the same:  12400.  However, if your mother could claim you, you could not claim Earned Income Credit (although she might be able to), and you would not be able to receive stimulus payments (although she could receive the third stimulus payment in your behalf.

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Disabled Adult not claimed as a deduction but parent claimed head of household


@Opus 17 wrote:

@Lexifrise 

@macuser_22 

 

https://www.irs.gov/publications/p501#en_US_2020_publink1000220823

I took a very careful look at IRS publication 501 and it turns out that in order to qualify as head of household, the taxpayer must have a qualifying person, and a qualifying person is someone that they can claim as a dependent. It does not actually say that they must claim them as a dependent.  So it appears to be completely legal for your mother to use you as a qualifying person for head of household if you can be claimed as a dependent, even if she does not actually claim you as a dependent.

 

However, I can’t understand any reason to use that strategy. Your mother would be foregoing a $500 a year dependent tax credit.  Meanwhile, you must still check the box that says “yes, I can be claimed as a dependent“ if you file a tax return, and this will still disqualify you from the stimulus payments in 2020 and 2021.  In other words, your mother loses due to this strategy and you can’t gain anything from this strategy.

 

Again, if you were to file and answer “no, I can’t be claimed as a dependent” this would conflict with your mother’s tax return and would probably prompt an IRS investigation, and may be considered tax fraud if you answer “no” in order to claim stimulus checks.


I disagree.  While the IRS language in the Pub is not precise, the law is.

 

Definition of head of household

 

26 U.S Code §2(b)(1)(A)(ii)

 

(ii) any other person who is a dependent of the taxpayer, if the taxpayer is entitled to a deduction for the taxable year for such person under section 151, or

 

**Disclaimer: This post is for discussion purposes only and is NOT tax advice. The author takes no responsibility for the accuracy of any information in this post.**

Disabled Adult not claimed as a deduction but parent claimed head of household

My social security disability that I get paid is a little under nineteen thousand per year and I had federal tax taken out of it.  I don't want to do anything I'm not supposed to do and get in trouble with the irs and my mom get in trouble either based on all the rules I've read it would be legal for her to qualify for head of household and I think she should have claimed me as a dependent (she doesn't have any other dependents living with her) this has all caused alot of issues between my mom and I but I'm just trying to do the right legal thing she said she's going to change things back and not claim head of household which I don't want her to do I was just so scared when she came home and told me she claimed head of household because that meant I would have to pay back money to the IRS that I don't have I'm already in debt from bills thousands over the years in medical co-pays I don't want my mom upset with me she is all I have in this world and I'm so upset more than I you can imagine that she's upset with me I just can't handle all of this stress right now that's going on besides all of this tax issues we are moving and my mom says I have to get rid of my things which is heartbreaking and she gets upset with me that I have trouble packing etc I have trouble standing and walking so I was trying to see if I could qualify for some assistance but since all of these tax issues changes it will disqualify me and someone from disability was trying to help me get assistance things like housekeeping and yard work and moving which would help my mom take care of me but her claiming head of household disqualifies me it's just all upsetting because this is not how things are supposed to be I'm supposed to be helping take care of her instead of her having to help take care of me thank you everyone for all your assistance I really do appreciate it very much I tried to get help answering these tax questions but other places like the county but they don't have anyone in our area that is available to help answer questions because everyone is short staffed right now or closed I just want to do the right thing and not get in trouble and not have my mom mad at me she's all I have I lost all the friends that I thought would never happen when I had to go on disability they were very close friends to me that I worked with I was the person people came to when they had problems but since having to leave work it's like they never knew me and won't talk to me again my apologies for all of this it's very hard being all alone going through all of this life didn't turn out the way it was supposed to I just always tried so hard to live a normal life despite all of my challenges but in the end I got worse and ended up losing everything and back in my mom's care in my 50's and she's in her 80's this is just all so sad life wasn't supposed to turn out this way thank you for your help my apologies 

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