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Is it legal for my parents to itemize my receipts? Or my tuition?

I'm twenty years old. For the past couple of years on my tax returns, I've taken a standard deduction, and I've not saved most of my receipts, if any at all. This year, I have. I go to school in addition to working and I live at home, and my parents claim me as a dependent. My father has told me that if I do still decide to take a standard deduction, I should give him my receipts so that he may itemize the sales tax. Is this a violation of tax law? If so, what statute, and would I be a party to violating the statute because I gave him the receipts?

Also, last year, because I selected that I was being claimed as a dependent on my 1040 E-Z, I was not able to claim the college tuition that I had paid myself. Again, my father has told me that since I am his dependent, he is eligible to claim it. Is this in violation of any tax statute, and which one(s)?

9 Answers

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  • Judy
    Lv 7
    1 decade ago
    Favorite Answer

    If you're his dependent, yes he gets any education credit you qualify for no matter who paid the expenses.

    The sales tax is a different issue - NO he can't claim your receipts. But it's real umlikely he'd end up with anything for them anyway even if he tried, and if he did would get about 3 cents an hour for the time he spent itemizing them. So it would be pretty ridiculous to even try. Sounds like he's trying to cheat, but being really inept about it.

  • Bobbie
    Lv 7
    1 decade ago

    You can use the below referenced information to find the worksheet that you have to use to try and see if you really are furnishing more than 50% of your own support or if your parents are doing this furnishing more than 50% and you determine that they are then you are still a qualifying child dependent of your parents and you cannot claim your own exemption on your own correctly completed 1040 tax form and you will not qualify for any of the tax credits as long as you are still their eligible dependent qualifying child.

    It is very possible that since you are under the age of 24 and still a student that you and would still be a qualifying child dependent of your parents unless you have provided MORE than 50% of you support for the tax year 2010.

    Go to the www.irs.gov and use the search box for Publication 17 go to chapter 3

    Personal Exemptions and Dependents

    Qualifying Child

    Support Test (To Be a Qualifying Child)

    To meet this test, the child cannot have provided more than half of his or her own support for the year.

    If you are not sure whether a child provided more than half of his or her own support, you may find Worksheet 3-1 helpful.

    Worksheet 3-1.Worksheet for Determining Support

    Funds Belonging to the Person You Supported

    1. Enter the total funds belonging to the person you supported, including income received (taxable and nontaxable) and amounts borrowed during the year, plus the amount in savings and other accounts at the beginning of the year. Do not include funds provided by the state; include those amounts on line 23 instead

    Hope that you find the above enclosed information useful for your situation and good luck to you.

    http://www.irs.gov/publications/p17/index.html

  • 1 decade ago

    If they claim you as a dependent it doesn't matter who actually paid the tuition, if you are listed as an exemption on your parents return you can not claim any credits or deductions. Check here http://taxalmanac.org/index.php/Publication_970

    http://www.irs.gov/publications/p970/index.html

    You can claim it if you answer yes that you can be claimed as a dependent by others, and respond no, that they are not claiming you (if they indeed are not claiming you) and you are not claiming you own dependency deduction. Sometimes it is better to run the numbers both ways to see which generates the better numbers. Do you provide more than 1/2 of your own support? If so, your parents can not claim you. If you claim your own dependency deduction on your return they can not claim you. Here is a site that lays out the issue of claiming a student as a dependent http://www.helium.com/knowledge/106972-how-to-clai...

    Regarding the receipts, technically and normally, no they can't but with the sales tax deduction, if they are claiming you and use the standard sales tax deduction, than yes they can take all of that. So if he wants to claim them, it is his risk to take but really not worth the effort.

    Since you are paying your own tuition and could benefit from different education credits, http://www.irs.gov/newsroom/article/0,,id=107670,0... you may want to consider claiming all of this on your own return and amending previous returns. Most online and computer tax programs can handle this for you. If you need suggestions on free services please comment back. This again is another good reason to run the numbers for both your parents or yourself claiming you and see which works out better.

  • 1 decade ago

    If you give your parent your receipts and he misuses them, you are not violating any law.

    Your parent cannot deduct your sales tax. But you should give him your receipts for books, supplies, and equipment you needed for your education. He can get a credit for those expenses.

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  • 4 years ago

    that's doubtful what they signed is a legally binding contract. How previous have been you once you signed it? in case you have been under the age of 18, that's not a legally binding contract. For the contract to be a valid contract the two events could ought to earnings from the agreed words. Your mothers and fathers purchasing a million/2 your instructions would not be something they are able to earnings from besides. additionally, in case you had a case, how do you prefer to pay for court docket expenditures? Going to court docket isn't decrease priced. the money you would be spending ought to circulate in direction of your college instructions, because of the fact in case you lose your case, you're out that funds. look at a thank you to pay on your practise your self, which comprise financial help.

  • 1 decade ago

    What the experts on here haven't told you is that the sales tax deduction EXPIRED IN 2009.

    Yes, your dad can take the education credits. However, the tuition and fees deduction EXPIRED IN 2009.

  • Anonymous
    1 decade ago

    He cannot itemize YOUR sales tax. Only if he gave you the money to spend would it be okay.

    If he can claim your exemption, he CAN claim your tuition.

    In order for you to claim your own exemption, you must show that you provided more than half of your total support. That includes the rental value of your father's home. See IRS publication 501.

  • tro
    Lv 7
    1 decade ago

    since he didn't pay the sales tax on your purchases he has no right to claim them on his itemized Sch A

    he is allowed the general amount based on the income reported and the number of people in the household, unless he kept all his receipts it would be pointless to claim yours--if he could

    you are sent a notification of the education expenses you can claim, and if you had these statements for a prior year which you did not take, file amended 1040X for them

    it may not affect your taxes so try it out first before you file

  • 1 decade ago

    " I should give him my receipts so that he may itemize the sales tax. Is this a violation of tax law?"

    YES

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