Mom is trying to wrongfully claim me as a dependent

[Burgandybeast101]

Hello! I really need some solid advice. I am 19 and my mom is trying to claim me as a dependent. I lived with my mom until May of 2020 to finish high school. The second I graduated I moved out. While living with my mom, I paid for almost 80% of my own stuff, including bathroom stuff, clothes, food etc. the only other thing i would use of her was food that she bought with social security money that she got for me monthly because of some other family circumstances. I have also made well over 4,000$ this year. My mom texted me and said “I’m claiming you on my taxes this year because you were still in school some of the year.” She also said to make sure when i do my taxes i don’t claim myself. I tried to tell her that I want to claim myself because I have been independent for almost the entire year, and i find this unfair. She also stated that she is somehow claiming my older sister.. (she is 22 and basically provides everything for my family. She pays for groceries and everything else.) I have no clue how she is claiming my sister because she isn’t in school and has a full time job making (i think) $18+ an hour. If I decide to file my taxes and claim myself as an independent, what is going to happen? If I file them after her, will I have to pay extra? I am so clueless and would really appreciate some good advice. Thank you so much for anyone who reaches out and tried to help me. I really appreciate it.

[fanfare]

School defined. A school can be an elementary
school, junior or senior high school,
college, university, or technical, trade, or mechanical
school.

To be a dependent,

3. The child you, must have lived with mom for more than half of the year.
4. The child, you, must not have provided more than half of his or her own support for the year.

Support includes the cost of housing proportionally , i.e. your mom's home.

According to Table 5 in IRS Pub 501, if you can show these rules were not met, you are not a dependent.

[fanfare]

Note: answer revised ! see above.

[fanfare]

Based on what you said, Rule 3 is not met.

[fanfare]

Since all rules must be met, and you made over $4,200,

you are not a dependent, because Rule 3  for qualifying child,

and Rule 3 for qualifying relative, are not met.

[Hal_Al]

You can't stop her from claiming you. But,

If someone else claims you, as a dependent,  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 yourself, if 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 exemption 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 exemption, 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.

Your mother will only get $500 for claiming you.  But you will get the $1800 stimulus, by claiming yourself,  and maybe (unlikely)* more.  Quite frankly, it's not only wrong for her to try to claim you and costly. 

*With the tax law change, effective 2018, most dependents  will get the same refund (not counting stimulus) whether they claim themselves or not. The personal exemption has been eliminated and the standard deduction increased. However, you only qualify for an education credit or deduction, if you are not a dependent.

[Hal_Al]

Your sister also doesn't qualify as a dependent  and will have the same $500 vs. $1800 dilemma. 

[sheagarrigan]

I am in close to the same situation. When filing my paper return should I include a written explanation saying that I was wrongfully claimed or mail just the return?

[Hal_Al]

Just the return.

The written explanation come later, when the IRS contacts you.