My son claimed himself doing his own taxes. He is 15 & made $6850. Now my ex wants to partially claim him. Is that possible? I dont want my son getting an audit.

[jessicaebeggs]

He also put that no one else can claim him.

[xmasbaby0 · Accepted solution]

Oh boy.  Kids do this all the time.  You have several issues.

MY DEPENDENT CLAIMED HIS OWN EXEMPTION

Your dependent filed a return without saying he could be claimed on your return and your return was rejected?  AFTER his return has been fully processed and he has received his refund, he has to file an amended return that says he can be claimed as a dependent on someone else’s return.  Amended returns (form 1040X) have to be printed and mailed.  They cannot be e-filed; it takes the IRS a couple of months to process them.  Meanwhile, since your e-filed return has been ( or will be ) rejected, you now have to print and mail it in to the IRS.  You will not be able to e-file. You do not have to wait for your dependent’s amended return to be processed.  Remember that when you mail a return, you need to include copies of your W-2, etc. with your return.

As for  "my ex wants to partially claim him."   Who is the custodial parent?  You cannot "partially" claim a child.  What is your ex trying to do?

[jessicaebeggs]

He e-filed already. It has been accepted.  He has gotten his state refund already. & he is expecting his fed refund on tge 12th of feb. Is his father still able to file an amended thing? It was suppoesd to be his fathers year to claim him. But he has a job that is paying good. So he did his own taxes. He made over the $6300.  I just am trying to fig out if his father can screw up my sons refund. He is looking forward to getting a return. His father wont give him a dime. He mainly lives with me. 277 days a year.

[xmasbaby0]

So you are the custodial parent.  That is all the IRS cares about.  If your ex tries to e-file, ex's return will be rejected--same as yours will be.   When your son "claimed himself" he put his SSN into the system; anyone else who tries to claim him as a dependent will be rejected.  Your son should not have claimed himself.  Only about $500 of his wages were even taxable, so he needs to amend.

But in order for you to claim your son--as you should be able to do--you have to file on paper.  You still can claim him and get the $4050 personal exemption for him to lower the amount of income your are taxed on, the child tax credit and possibly earned income credit if you qualify.  So print sign and mail your own return claiming your son.  You do not have to wait for your son to amend; you can go ahead and mail in your return.

As for what your ex does, if he files a return claiming your son, (and figures out he had to mail it) then eventually the IRS will send you both letters to sort out who could rightfully claim your son.  Since it is YOU, ex will face possible penalties and repayment of some of his refund for claiming a dependent when he should not have.

[xmasbaby0]

For your son--when his federal return has been fully processed:
Amend 2017
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