Beaten to the punch..

[leftoverinmn]

I'm sorry to post regarding something that doesn't involve myself directly, but I hope you can find the time to throw down some help regardless.

My friend, CP of 1 son, tried to e-file her taxes, was unable to claim her son. Appearantly, son's BF, never married to BM, filed before her and used son's SS# for deductions. She never signed a form 8332. E-file won't accept her 1040 with son as a dependant.

No custody has been established, and no CS has been paid in 3 years. She was counting on her return $$$ (like all of us), and is worrying herself sick over this.

--Can she file through the mail, claim her son, and get her refund that way?

--Would that prompt some kind of audit?

--Is there anything she can do to get her EITC, child credit, and child care expenses?

--Can she make preperations for next year in case this happens again?

Soc, you're an angel.

[patton]

I can answer this one for you.  YES she definately needs to file through the mail.  It will probably take her 4-5 months now, maybe less to get the refund.

She needs to file the EITC, child credit and child care expenses.

She and ex will both get letter in the mail from the IRS.  They will ask the following questions and you will have to provide the proof

1. You are not divorced or legally separated and you provided more than half of the childs total support for the tax year.  You should be able to provide the following: cost of lodging: copies of agreements, cancelled checks or receipts showing your lease or rental expenses or a statement of showing fair rental value of the place where you live.

2. Your natural child. No proof needed, because they can check this out themselves very easily.

3. You are single - No proof needed if you are single

4. If the child is your child and lived in your home more than half the year.  To show the child lived with you, you will need one of the following: school records, medical records, daycare records, or social services records that show names, common addresses OR

Oneletter on official letterhead from : the school, your medical provider, your clergy or other similar organiations that show names, common addresses and dates.

5. cost of keeping up a home test..You meet the qualifying person test then they will need photocopies of rent, utility bills, receipts for food consumed, property taxes, mortagage interest expesnes, upkeep adn repairs, property insurance and other household expenses.


--Would that prompt some kind of audit?  Filing two returns will prompt an by mail audit more than likely

--Is there anything she can do to get her EITC, child credit, and child care expenses?

Just get her taxes done before he does next year, of course with him getting penalized and having to payback the taxes, he's less likely to try it again.

--Can she make preperations for next year in case this happens again?

Nope, unless the IRS blocks his account where he can't do it and I never heard of such a thing, but you might ask.

[socrateaser]

.

[4honor]

even though DH had the exemption EVERY year. Now that it is in the CS order that BM has SS' exemption for even years (files in odd years) we still do as we did then... we file on January 31!

Your employer has to give you your w-2 by then. We buy the software in January and start the process by using the last pay check stub of the year. When the W-2's come, we check our figures with the ones on them and run the software for updates and any inconsistencies... then we file.

[Kitty C.]

Go to TurboTax.com....you can file on line.  BM did this to us as well a few years ago.  We HAD filed first, too.  The next Christmas we got a notice form the IRS that the same SSN had been used on two different returns (SS's).  That if we had filed in error, we were to fill out the form enclosed to start the audit process, but if our return was correct, to just ignore the letter.

That next week, I spoke with an IRS employee (a REAL human, LOL!) and was told that if we were legally allowed to claim SS, then we MUST file first, and ASAP after the first of the year.  I have no idea if they eventually did come after her, but we heard nothing about it since.  And I go on line and have our taxes filed and refund in hand practically by Feb. 1!

Just remember one thing.....he who files FIRST gets the refund!  Quote the really nice IRS lady!  

[NeverGiveUp]

On this Note
 My order doesn't say who gets to write off the kids.  I assumed it was the CP by default.  Why would I go assuming that  . . . . .

What if your order doesn't say anything about who gets to claim the kids??

[TPK]

Excuse me for jumping in here but....

Generally, who gets the claim the child, the CP or NCP??

How is this determined and is it common to alternate each year on who gets to claim?

Not being an accountant, and with our daughter just turning 1, I'm a little green on this. I'm not even sure my wife knew to claim this for last year. Being that I'm green on this, I didn't claim her either, I didn't want the IRS breathing down my neck, got enough problems already!

How does this work anyway??....what kind of money do you get back if any?

Any information on this would be appreciated.


TPK

[patton]

If you have absolute Proof of all the the things I listed, then file, BUT be warned the IRS will ASK you for every tiny little shred of paperwork.

Don't think you will pull one over on them,  what they ask for is fairly detailed and if you are not a detailed person, then forget.  

I mean you have to SAVE EVERY receipt where you purchased anything for the child all year, plus food, clothing, etc.  All your receipts that support you and the child.

But the main thing is you have to PROVE you have the child at least 51% of the time, and for most NCP's that is hard to do.