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bselser29
New Member

What do I do if my parents claimed me as a dependent but shouldn't have?

My parents state that I cannot file independently from them because they have claimed me as a dependent but I am pretty sure they have not filed your taxes yet. I would still be able to file my taxes separately from them, or would they have claimed me at the beginning of 2013? If they already filed, how do we change this so I can file independently?  

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4 Replies

What do I do if my parents claimed me as a dependent but shouldn't have?

How old are you?  Are you a full-time student?  Did you earn more or less than $3900 in 2013?  Did your parents pay for more than 1/2 of your support?
**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.**
bselser29
New Member

What do I do if my parents claimed me as a dependent but shouldn't have?

I am 21, full-time student and made over $18,000 last year and I pay for almost everything for myself. I know that I can file independently but my parents are telling me I can't because they claim me. What happens if I file independently and they file claiming me as a dependent?
Carl
Level 15

What do I do if my parents claimed me as a dependent but shouldn't have?

EDIT: 2/26/2016:  Note that the support requirement is NOT on the parents. It's on the student. There is absolutely no requirement what-so-ever for the parents to provide any support - not one dime. The requirement is on the student, and is as follows:
If the STUDENT did NOT provide more than 50% of the STUDENT'S OWN support, (scholarships and grants do not count as the student providing their own support) then the parents qualify to claim them. The student must select the option for "I can be claimed on someone else's return" even if the parents do not claim them. The parents only have to "QUALIFY" to claim them. 

END OF EDIT

Since you are a student, below are the rules gisted from IRS Publication 970. Note that if they claim you and if you can PROVE your parents are not entitield to claim you, they will be audited by the IRS after they file. If your file your taxes taking the self-exemption and they can PROVE they qualified to claim you, then you will be audited by the IRS after you file.

Generally speaking, it's more advantageous tax-wise for the parents to claim the student. The parents will qualify for educational credits that the student can not get, no matter what. Also, it does not matter how much money you made. If your parents meet the requirements to claim you, they should. If you parents meet the requirements to claim you and they choose not to, then YOU still HAVE to select the option for "I can be claimed on someone else's return" when YOU file your tax return.

If both of you file and you take the self-exemption and yet, they still claim you, the second one to efile will not be successful. They will have to print, sign and mail in the return. Even then, if you take the self-exemption and they claim you, then you can both expect to be audited by the IRS.

If the student:

Is under the age of 24 and:

Is enrolled in an undergraduate program at an accredited institution and

the student's parents provide more that 50% of the student's support (schollarships/grants received by the student do not count as the student providing their own support)

Then:

The parents will claim the student as a dependent on the parent's tax return and:

The parents will claim all schollarships, grants, tuition payments, and the student's 1098-T on the parent's tax return and:

The parents will claim all educational tax credits that qualify.

If the student will be filing a tax return and:

The parents qualify to claim the student as a dependent, then:

The student must select the option for "I can be claimed on someone else's return", on the student's tax return. The student must select this option even f the parent's qualify to claim the student as a dependent, and the parents do not claim them.

vikingstl
New Member

What do I do if my parents claimed me as a dependent but shouldn't have?

Ive been claimed even though my parents hasn't contributed to 5 percent of my expenses so I graduated high school in 2010. Parent hasn't even paid 5 percent of college expenses. I work full time career in a different state and still am being claimed and my turbo tax return still keeps getting rejected when I efile because they claimed me. What do I do ?
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