If I claim a dependent who owes back taxes to the IRS, can the IRS take my tax refund? The owed back taxes are from long ago.
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YES. My mom claimed me as a dependent and they IRS took my taxes. Do you know what I can do?
Why did the IRS take your tax refund? Was there a treasury offset, such as past taxes due or student loans due? Did you file a return? Even if your mom claimed you as a dependent, you may still have a filing requirement. Did they seize your refund or your mom's refund?
If my mom is on permanent disability and owes back taxes from the 90's and I claim her a defendant on my tax return due to being her provider due to Covid-19 will Irs take my return due to her debt?
@JayMarie89 wrote:
If my mom is on permanent disability and owes back taxes from the 90's and I claim her a defendant on my tax return due to being her provider due to Covid-19 will Irs take my return due to her debt?
No, the IRS will not seize your tax refund for the debts of a dependent claimed on your tax return.
So they won't take the taxes even if the dependent that owes is claimed. However, my question is doesn't the dependent have to claim their own taxes and if they do will that affect the anything?
@Emarion123 wrote:
So they won't take the taxes even if the dependent that owes is claimed. However, my question is doesn't the dependent have to claim their own taxes and if they do will that affect the anything?
Only if they have enough taxable income to have to file a tax return, but they you could probably not claim them as a dependent.
If your dependent is other than your child under age 18 (or under 24 and a full time student) then if the dependent had gross income more then $4,300 you cannot claim at all.
---Tests to be a Qualifying Relative (& Unrelated Persons)---
(Must meet ALL of these tests to be a dependent)
1. The person cannot be your qualifying child or the qualifying child of any other taxpayer.
2. The person either must be related to you, or must live with you all year (all 365 days as a member of your household - There are exceptions for temporary absences such as school, illness, business, vacation, military service).
3. The person's gross income for the year must be less than $4,300 (tax-exempt income, such as certain social security benefits, is not included in gross income)
4. You must provide more than half of the person's total support** for the year.
5. The person is not filing a joint return.
In any case, the person must be a U.S. citizen, U.S. resident alien, U.S. national, or a resident of Canada or Mexico
The above is simplified; see IRS Publication 501 for full information.
https://www.irs.gov/pub/irs-pdf/p501.pdf
** Pub 501 Worksheet 2 for determining support
https://www.irs.gov/publications/p501#en_US_2020_publink1000292527
no, they will not, they haven't filed for a couple years
@d hardman You have posted on a very old thread. Do you have a question?
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