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kchey2131
New Member

My dad took my son as a dependant he supposedly let the IRS know thedyre Charging him but I don't understand why they didn't give me tax credit or anything?

 
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My dad took my son as a dependant he supposedly let the IRS know thedyre Charging him but I don't understand why they didn't give me tax credit or anything?

If you lived with your child more than half the year (the child slept in the same home where you lived for more than 183 nights) then you as the parent have automatic first right to claim the child as a dependent.

If the child also lived in the home with a grandparent for more than half the nights of the year, the grandparent can claim the child as a dependent if the parent agrees and if the grandparent's taxable income is higher than the parent's taxable income.

If you did not claim your child as a dependent, you can file an amended return to claim your child and possibly claim additional tax refunds, if you are eligible for the child tax credit or EIC.  The IRS will red flag the duplicate dependent claim and both you and your father will get letters asking you to justify your claim of the dependent.  In this situation your father's claim will eventually be denied (after a 1-2 year investigation -- the IRS is not speedy) and he will owe back taxes with penalties and interest.

Depending on your various financial circumstances, you might get much less of a refund for your child than your father will have to pay back -- exactly who gets the best deal is not always obvious or easy to calculate and you have to test different scenarios in the tax program.

While you are entitled to claim your child, filing an amended return will likely harm your relationship with your father even more than it already is.  You don't have a tax problem, you have a family problem.  You may want to sit down and talk this out, possibly with the assistance of a social worker, pastor, or other trusted person.

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5 Replies

My dad took my son as a dependant he supposedly let the IRS know thedyre Charging him but I don't understand why they didn't give me tax credit or anything?

What?  "they are charging him"?  Please explain what you mean by that.  "Why didn't they give me tax credit..."  Did you file your own tax return to report your own earned income and claim your son as a dependent?  It sounds like we are missing a lot of important details here.
**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.**
kchey2131
New Member

My dad took my son as a dependant he supposedly let the IRS know thedyre Charging him but I don't understand why they didn't give me tax credit or anything?

He supposedly let the IRS know , yes I did file my taxes but it didn't let me claim my son as a dependent because my dad did it without my authorisation, how can I let the IRS know? It's unfair. The IRS only gave me back the money of what it was that I worked but with 0 dependents

My dad took my son as a dependant he supposedly let the IRS know thedyre Charging him but I don't understand why they didn't give me tax credit or anything?

You are not providing enough details.  Who supported you in that year?  Did you earn enough to support your child, or did you parent support both of you?  How much did you earn that year?  Where did you and your chid live?
**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.**
kchey2131
New Member

My dad took my son as a dependant he supposedly let the IRS know thedyre Charging him but I don't understand why they didn't give me tax credit or anything?

I supported myself, I'm also married, in my parents house paying rent though, I did have enough to report taxes so I did however I couldn't put my child as my dependant because my dad took him as his dependant without my permission

My dad took my son as a dependant he supposedly let the IRS know thedyre Charging him but I don't understand why they didn't give me tax credit or anything?

If you lived with your child more than half the year (the child slept in the same home where you lived for more than 183 nights) then you as the parent have automatic first right to claim the child as a dependent.

If the child also lived in the home with a grandparent for more than half the nights of the year, the grandparent can claim the child as a dependent if the parent agrees and if the grandparent's taxable income is higher than the parent's taxable income.

If you did not claim your child as a dependent, you can file an amended return to claim your child and possibly claim additional tax refunds, if you are eligible for the child tax credit or EIC.  The IRS will red flag the duplicate dependent claim and both you and your father will get letters asking you to justify your claim of the dependent.  In this situation your father's claim will eventually be denied (after a 1-2 year investigation -- the IRS is not speedy) and he will owe back taxes with penalties and interest.

Depending on your various financial circumstances, you might get much less of a refund for your child than your father will have to pay back -- exactly who gets the best deal is not always obvious or easy to calculate and you have to test different scenarios in the tax program.

While you are entitled to claim your child, filing an amended return will likely harm your relationship with your father even more than it already is.  You don't have a tax problem, you have a family problem.  You may want to sit down and talk this out, possibly with the assistance of a social worker, pastor, or other trusted person.

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