Tax help with claiming child as dependent

Your daughter lived with him. Period. You may need records to prove to the IRS that fact. (School records, medical records, lease agreement, a statement signed by you) Also, send them a copy of her birth certificate showing your boyfriend as the father. I do know that you can only go back three years to do an amended return, so that may not help you as much. Your boyfriend will probably end up owing a lot of money if he claimed her for the past seven years and has to pay back the IRS. Financially, I would prove she lived with him one way or another. Another thing, most tax services train the employees with a quick class and then sit them at a desk with a computer program. They do not know everything. If you have a question concerning your taxes, I would check out the IRS website first. I have been doing taxes for about 20 years, and I do not claim to know everything. I consult the IRS website on a regular basis. I want to wish you and your boyfriend luck dealing with this, and congrats on getting back together.

Generally you can go back 3 years to file an amended return, however in this situation the father has rightfully claimed his daughter for the past 6-7 years. There are 4 main tests and both of you meet them. She was your daughter (relationship test), under the age of 19 (age test), lived with both of your for the entire year (residency test), and your daughter did not provide more than half of her own support (support test). Either of you (not both of you in the same year) can claim your daughter. If both of you were to claim her, the person with the highest adjusted gross income would be awarded with the exemption. Depending on your income, it might work out better for both of you if you claimed your daughter because it might provide the best overall benefit. In other words, both of you may still get refunds, but combined it could be significantly larger. You should have your tax preparer calculate your taxes both ways to show what kind of difference it would make. Agree to split the extra refund. Since he makes more money, he doesn't have to give up the exemption if he does not want to. For more information or to confirm my response, please refer to IRS Publication 501. If you want to share the problem on the sale of the rental house, I may be able to assist. As for the over aggressive IRS Agent, your daughter's father should visit http://www.irs.gov/advocate/ and contact your local office for help. This is an independent organization to help taxpayers resolve problems with the IRS.

Hi there Pebbles basically get a Lawyer involved and get advise of him as I say this is not your Fault and they might want the money back of you but again something has to come your way for all them Years so get legal advise on this and get it sharpish

Sounds like you can ammend your tax returns for those years and get some ofyour tax money back! KA-CHING! Don't let your relationship with him blond you to that money and, assuming all goes well, stick in a savings account in your name only. Yes the two of you got back together but it might be that some of his incentive was the tax issue...but maybe not. I have seen fellows do this a few times in my life. They are getting ready to get alump sum of money from something, and rush to find someway to gain dependents.

Couple of questions: Did you file at all those years he claimed her? Where you on his return? Did he claim her as a dependant only or did he recieve tax credits using her? such as child tax credit or earned income credit. You can go back 3 years and ammend your tax returns, But remember that laws change every year, and because you are not married,He may not be able to claim her for certain years. As the above poster stated, you have to be careful who does your taxes for you, some are barly traned. You can go to www.irs.gov for help on any tax problems. )Be sure you are looking at the rules for the correct year.)

I am not an expert in this kind of tax claming but i think that you can make her your dependent for all this years but to have the best help you need to hire financial lawyer who will give you advise and will help you to get on with this audit situation.

You need to talk to an accountant about these matters. However...since he did not claim her and you didn't sign anything over to him then I would think they owe you that money...

If he didnt physically live with her for over 6 months of the year he has no right to claim her, unless you decided in court for him to. Also if you do not sign the papers for him to claim her, you are fine. If she is in your custody ( legal) then you are fine. Unfortunately if he was supporting her financial MORE than you, then you may have a problem. Being that he was physically with her, then he should be able to.

I think you should go to the audit with him and if that comes up, you can be there as a his consent. I mean, if you are there saying that it was fine with you and you discussed it with your accountant, then I don't see why there would be a problem. I don't understand a lot about taxes though. My husband claims me, even though he makes $25,000 less a year than me..he just filed his first so he claimed me. So I didn't claim him, nor did I claim any of the money (the $12,000 that is supposed to be split in some way between the spouses), so I have A LOT taken out of my check every month, so i am hoping that I will get a decent about back this year!

This does not sound right, its his child legally right. He can claim the child. If you have legal documentation that shows he is the father like on the birth certificate, he should have no problem. He has to show that he has provided financially for the child. If he has documentation, you should not have any problem. You might want to talk to H&Block to since they prepared the returns. They are not liable because the tax payer is the one who signs and are held liable by the IRS, but H&RBlock should try to help you.

Do you know a good accountant? I would contact someone other than H&R Block folks. Most have very limited experience and are of little help. Good Luck!

good work nice share man

I never heard such a thing. Either parent can claim their child on their tax returns. I never heard of anyone needing a consent form to do it. That's crazy. I hope you guys are appealing and maybe you should get a tax attorney.

i agree. you got a point and this is really interesting and so informative

i think when you go to get your taxes done you should bring it up with someone who workd there and maybe they will be able to help you better.

Doesn't H&R block provide a free audition consultation when you're audited on a return they prepared? I would look into that, I'm pretty sure they do.

no way