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My sister's claimed me as a dependent without my permission but says I can still file my own for my return, can she/I do that? Am I going to get screwed out of my return?

I lived with my sister the first 6 months of the year in Louisiana working at a shop that paid under the table, then moved to CA by myself and started working retail making legitimate money. She's already filed and claimed me as a dependent without my permission and said I can still file my own return and get my tax return. I am young and planned on filing independent for my first time this year and don't really understand taxes yet, meanwhile she's much more educated on this stuff and I feel like she's using that against me to benefit herself. Can she do this without my permission? Will I get screwed out of my own tax return since she's already filed? 

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2 Replies

My sister's claimed me as a dependent without my permission but says I can still file my own for my return, can she/I do that? Am I going to get screwed out of my return?

How much total income did you make for 2016?  She probably should not  have claimed you.  If you want to claim yourself and your efile rejects you can print and mail it.  Then let the IRS sort it out who is able to claim you.

My sister's claimed me as a dependent without my permission but says I can still file my own for my return, can she/I do that? Am I going to get screwed out of my return?

If you lived with your sister at least 6 months+1 day, and if you did not earn more than half your own support for the year, and if you are under 19 as of December 31, or you are a full time student for at least 1 day of 5 different months and under the age of 24, then she can claim you as a dependent.

If those facts are not true, then she can claim you as a dependent under a different set of rules if she paid more than half your living expenses for the whole year and you have less than $4050 of taxable income on your tax return.

If she can claim you as a dependent, you still file a return for the income you earned, you just have to check the box for "someone else can claim me as a dependent" and you will owe a little more tax.

If she can't claim you as a dependent under either set of rules, then you are not a dependent and don't check the box.  But if she claimed you first you will be blocked from e-filing. So print your return and mail it in and the IRS will straighten it out.

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