My parent is claiming me as a dependent when I'm not - what should I do?

Question

In 2007, I took some time off of school, and didn't return until the fall.  My estranged father has the right to claim me every other year per my parents' divorce agreement. Since he and I rarely talk, he didn't realize that my school starts in September instead of August, and assumed that I was a dependent, and claimed me on his tax return.

I emailed him and tried to explain this. He wrote back and said that I was wrong, because being in school from August-December was 5 months out of the year, which is just enough for me to be considered a dependent. I wrote him back and explained that I started school in September (less than five months in school, and you're not a dependent), and he now won't write me back or return my phone calls.

I'm worried about filing a false tax return, where I have to check the box that says someone else can claim me. Also, it means that instead of getting a $400 refund, I have to pay $5. Also, I want this resolved now so I can file my financial aid papers.

Judy · Accepted Answer

Since you don't meet the requirements for him to claim you, go ahead and file your own return claiming yourself.  He and you will each receive a letter from the IRS telling you that two people claimed the same person, and saying that whoever didn't have the right to the claim needs to file an amended return dropping the claim - then if nobody does, they'll investigate and decide who gets the exemption.  The other person will have to pay back whatever he got by making the claim he wasn't entitled to, with interest and possible penalties.  Sounds like that's his problem, not yours.

bobbi · Answer

Have your taxes done by a professional tax preparer and let them advise you of what you need to do. DO NOT TRY TO GET ADVISE FROM THE IRS or you will be opening up a can of worms for you and your Dad. Your Dad probably is not intentionally trying to deceive you or the IRS but he could be mistaken. No need to create bad feelings between the two of you.

? · Answer

Don't let anyone screw you over, tell your father that you will make your own return, and do it. Tell him you will let the law figure out what is right.(Make sure you consult someone at the IRS too)

zorbay2 · Answer

IF THEY CLAIM YOU YOU CAN NOT CLAIM YOURSELF 
THEY CAN CLAIM YOU AS YOU LIVE UNDER THEIR ROOF AND PROVIDE MORE THAN HALF FOR FOOD AND....BUT ALL  DEPEND ON ORAL AGREEMENT  BETWEEN YOU AND THEM

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My parent is claiming me as a dependent when I'm not - what should I do?

4 Answers