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Lev
Lev, Tax Advisor
Category: Tax
Satisfied Customers: 22653
Experience:  Taxes, Immigration, Labor Relations
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Im a 35-year-old woman who has not had a full-time job for

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I'm a 35-year-old woman who has not had a full-time job for several years due to disabilities. My mother is having her tax info changed for the last four years (apparently the maximum time she's allowed to go back), because she just learned that she could have claimed me as a dependent. Should I go back and change MY taxes to reflect that, and if so, how? BTW, I am currently applying for SSI; will my case be stronger if I'm listed as a dependent?
Submitted: 3 years ago.
Category: Tax
Expert:  Lev replied 3 years ago.

LEV :

Hi and welcome to Just Answer!

LEV :

If you qualify for dependency status on your mother's tax return - you need not to use your personal exemption on your own tax returns. If you are using the form 1040-EZ - http://www.irs.gov/pub/irs-pdf/f1040ez.pdf - the box on the line 5 should be checked. If you did not do so - you need to amend your tax return.


The fact of applying for SSI has no effect on being a dependent, but if you will be considered disabled – you may be treated as a qualifying child on your mother’s tax return.


Tests To Be a Qualifying Child:


1. The child must be your son, daughter, stepchild, foster child, brother, sister, half brother, half sister, stepbrother, stepsister, or a descendant of any of them.


2. The child must be (a) under age 19 at the end of the year and younger than you (or your spouse, if filing jointly), (b) under age 24 at the end of the year, a full-time student, and younger than you (or your spouse, if filing jointly), or (c) any age if permanently and totally disabled.


3. The child must have lived with you for more than half of the year.


4. The child must not have provided more than half of his or her own support for the year.


5. The child is not filing a joint return for the year (unless that joint return is filed only as a claim for refund).


Let me know if you need any help or clarification.

Lev, Tax Advisor
Category: Tax
Satisfied Customers: 22653
Experience: Taxes, Immigration, Labor Relations
Lev and 4 other Tax Specialists are ready to help you
Customer: replied 3 years ago.

Hi, Lev. May I please have a little clarification? You wrote, “If you qualify for dependency status on your mother's tax return - you need not to use your personal exemption on your own tax returns.” What’s an exemption, and do you mean that I should not use it or that I don’t need to use it?


My mom had her tax returns amended for 2007 and 2008 (I’m not sure why her tax guy skipped 2009 and 2010). For which years should I amend my returns, and should I do it by this Monday, April 18?

Expert:  Lev replied 3 years ago.

Please feel free to ask any clarification question as long as you need.

Personal exemption for 2010 is $3650

If your mother claims you as a dependent - she would use that additional deduction on her tax return.

That means - you should not use the same deduction on your own tax return.

 

There is no deadline to amend past tax return.

There is a statute of limitation to claim a refund which i s three years. Thus for 2007 tax return which was due on Apr 15 2008 - the statute of limitation will run out Apr 15, 2011 - means tomorrow - if there is any refund due from 2077 and is not claimed by tomorrow - you would not be able to receive it.


Let me know if you need any help.

 

Customer: replied 3 years ago.
Thank you for the quick reply. :) FYI, 2010 federal tax returns or requests for extensions are due April 18, 2011 due to a federal holiday on April 15. So, do I have until Monday, the 18th to get any refunds I may have been owed since 2007?

Should I amend all my returns from 1993-2006 to reflect that I've been dependent my whole life? Can I get in trouble if I don't? Thank you.
Expert:  Lev replied 3 years ago.

Delay for 2010 tax due date doesn't affect statute of limitation fro 2007 - which is tomorrow.

There is no reason to amend tax returns before 2007 - the statute of limitation has been run out for you to claim a refund and for the IRS to assess additional tax liability.

Lev, Tax Advisor
Category: Tax
Satisfied Customers: 22653
Experience: Taxes, Immigration, Labor Relations
Lev and 4 other Tax Specialists are ready to help you

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