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As long as the child's spouse did not claim the child as his or her dependent, and did not file a joint tax return, you should be allowed the dependent claim, assuming you qualify otherwise.
It may be that the IRS will not allow you to e-file the return, but you can mail it in. I suggest you mail it and if it is rejected again, then you will have to contact the IRS for an explanation.
Is there a rejection code? Do you have a rejected return?
Appreciate your help, here is the rejection info "IND-512-01 - Each Dependent's SSN (or Qualifying Child Identifying Number on Form 1040SS(PR)) on this return must not match the Spouse SSN on another return." And it is true he did put her name and SSN on his return but that was because turbotax required it as he filled out the return. And he selected "Married Filing Separately" and he checked the box for "Someone else can claim your spouse as a dependent".
If you do not file a joint return with your child's other parent, then only one of you can claim the child as a dependent. When both parents claim the child, the IRS will usually allow the claim for the parent that the child lived with the most during the year. Or if they cannot determine that, they will reject the return(s).
See link belowfor more information
When both parents claim dependent
Thanks. But I'm not divorced. This was for my daughter who got married last year. She qualified as my dependent though and I'm claiming her to get the AOTC credit (since I paid for her college). And I had my son in law file as "Married filing separately" and check the box for "Someone else can claim my spouse as a dependent". But even though he did that it still won't let me file my taxes.
As long as the child's spouse did not claim the child as his or her dependent, and did not file a joint tax return, you should be allowed the dependent claim, assuming you qualify otherwise.
It may be that the IRS will not allow you to e-file the return, but you can mail it in. I suggest you mail it and if it is rejected again, then you will have to contact the IRS for an explanation.
Thanks, that must be it. Even though only one of us is claiming her the system must be rejecting the e-file because it sees the same SSN in two places (which is unfortunate that the system isn't smarter than that). But as suggested I will file my taxes by paper and include an explanation and hope that resolves it. Appreciate your help!
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