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Am I receiving a refund? My parents claimed me/my son, w/o telling me. I’m an adult, not a minor. I care for us both. Dad is dead. Went to IRS site but it couldn’t help.

 
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2 Replies

Am I receiving a refund? My parents claimed me/my son, w/o telling me. I’m an adult, not a minor. I care for us both. Dad is dead. Went to IRS site but it couldn’t help.

if you e-filed and it was accepted or you mailed it in because your e-filing was rejected you should receive your refund. eventually, both you and your parents will receive a notice asking for an amended return.  if your parents don't amend, then you both will receive a second notice asking for proof that you can claim you and your child.

 

for tax purposes "care" would mean that you provided over 1/2 the support for your child and you.  this would disqualify your parents from claiming either your child or you.

 

based on this and providing whatever documentation the IRS requests, your return should be okay but your refund could be delayed.  your parents will receive a bill for taxes, penalties and interest because they were not entitled to claim you or your son  

Hal_Al
Level 15

Am I receiving a refund? My parents claimed me/my son, w/o telling me. I’m an adult, not a minor. I care for us both. Dad is dead. Went to IRS site but it couldn’t help.

If someone else claimed you and/or your child inappropriately, and if they file first, your return will be rejected if e-filed. You would then need to file a return on paper, claiming the child as  appropriate. The IRS will process your return and send you your refund, in the normal time. Shortly (up to a year) thereafter, you'll receive a letter from the IRS, stating that your child was claimed on another return. It will tell you that if you made a mistake to file an amended return and if you didn't make a mistake to do nothing. The other party will get the same letter you did. If one of you doesn't file an amended return, unclaiming the child, the next letter, from the IRS, will require you to provide proof. Be sure to reply in a timely manner.

Winner gets the tax benefits; loser gets to pay the IRS back with penalties and interest.    

https://www.thebalance.com/claiming-same-dependent-audit-risk-3193030 (audit discussion)

http://taxes.about.com/od/dependents/qt/Dependents-Audits.htm

www.eitc.irs.gov/EITCCentral/f886-h-dep.pdf (full dependent discussion including audit section)

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