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@jshell wrote:
I was 17 years old end of 2019. My father died in 2018 and I live with my court appointed Guardian and I pay all my expenses. She is not claiming me on her 2019 tax return because she does not pay over 50% of my expenses. I tried to file my taxes but this pesky form pops up wanting to know my living parent information. I have not seen my mother in over 10 years. If I say both of my parents are deceased, I am lying and if I say only one is deceased it wants her information which I have no way of getting. What do I do?
Then do not elect to use the pre-TCJA rules. The parents information is not required with the new rules (The interview asks for it anyway so enter anything - it does not get entered anywhere on the tax return.) Only the parents name and SSN is required. If you cannot obtain the SSN then you cannot e-file but will have to print and mail and write UNKNOWN in place of the SSN on the 8615 form.
Could I possibly use my guardian in place of my birth mother? My guardian has sole custody of me. While my mother is not even allowed to have contact with me.
There is nothing in the tax law or IRS publications that allow anything other then a parents name ans SSN.
See 8615 line A instructions:
https://www.irs.gov/pub/irs-pdf/i8615.pdf
And PUB 929 page 13.
https://www.irs.gov/pub/irs-pdf/p929.pdf
The IRS has never addressed or offered any guidance in these situations .
So can someone assist me in understanding for 2020 tax year. I am 23yo and a full-time student my mother is deceased as of 2019 and I use her inheritance/loans to live currently, she was my main caretaker and claimed me as her dependent until 2 years ago. On form 8615 it states to use my father's name and SSN, however, although he is living, he is not my caretaker, nor has he ever claimed me on his taxes even when I was a dependent (which I am now NOT, I claim to be single, non-dependent filer), nor do I even know his SSN. What is an individual to do in this situation, thank you.
@nevadan wrote:
So can someone assist me in understanding for 2020 tax year. I am 23yo and a full-time student my mother is deceased as of 2019 and I use her inheritance/loans to live currently, she was my main caretaker and claimed me as her dependent until 2 years ago. On form 8615 it states to use my father's name and SSN, however, although he is living, he is not my caretaker, nor has he ever claimed me on his taxes even when I was a dependent (which I am now NOT, I claim to be single, non-dependent filer), nor do I even know his SSN. What is an individual to do in this situation, thank you.
The IRS has never given any guidance for situations like this. The rule simply states that if *either* parent is living the information must be provided. The most that the IRS has says is if you need more time to gather that information then file an extension that gives yiu to Oct 15, to file and get the information.
All you could do is print the forms and write "unknown" in place of the SSN and mail your return and see what the IRS says.
I was trying to file my 2020 taxes and by the end of it It says I had to file form 8615. This is the first time I've ever had to file this form and I've done my research and I think I have an understanding as to Why I have to file this form.
My issue is I'm not sure what to write in the line "Enter the parent's taxable income from Form 1040 or 1040-NR"
I do not have that information and Im worried leaving it blank would get me in trouble. what should I do if I don't know the information.
Per the IRS, if your parent's taxable income, filing status, or net unearned income of the parent's other children isn't known by the due date of your tax return, reasonable estimates can be used. If you are using estimates, make sure you write “Estimated” next to the appropriate line(s) of Form 8615.
Since you will be writing on the pages of the return, you will have to mail in your tax return and will not be able to e-file. When the correct information becomes available, you can file Form 1040-X, Amended U.S. Individual Income Tax Return to report the accurate information.
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