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rramsook, Enrolled Agent
Category: Tax
Satisfied Customers: 307
Experience:  Specialize in Individual,Corporate, and payroll tax matters.
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I have joint,equal custody of a child, can we both claim the

Resolved Question:

I have joint,equal custody of a child, can we both claim the child on our taxes?
Submitted: 4 years ago.
Category: Tax
Expert:  rramsook replied 4 years ago.

rramsook : Hello, two people are not allowed to claim a qualifying child as a dependent.


rramsook : There should be a court agreement on who can take the dependent on their tax return

I have another tax question.


If someone files their taxes late for several years, but has refunds after they're done, is the person entitled to their refunds?


I have shared equal custody of my grandchild, we both have him equally, so I wasn't sure if we could both claim him. I know the laws are always changing.

rramsook : Yes even though you filed late and your receiving a refund you are still entitled to it.

How do I get my refunds? And how far back can I go to get the refunds?

rramsook : Yea the only way this can work is if someone claims the child as a dependent and the other person uses the child to get the head of household filing status

I filed head of household and claimed him as my dependent.


we are not married, but share custody.

rramsook : You can file as far back as 2008. You have three years to file a return before the statue f limitation expire. The deadline for 2008 return is April 15,2012

Ok. An attorney was paid to catch up ten years worth of taxes, all refunds, but no refunds were sent for the federal tax returns. Now, how do we get the refunds?

rramsook : You will have to call the IRS to check the status of the refunds. They will be able to tell you exactly what going on with them
rramsook : Telephone Assistance for Individuals:Toll-Free, 1-800-829-1040 Hours of Operation: Monday – Friday, 7:00 a.m. – 7:00 p.m. your local time (Alaska & Hawaii follow Pacific Time).

ok. One more thing with the late taxes. The work was done in 2009, and there's still been no response. Does it normally take this long to get an answer, or do they, the IRS, wait to be contacted?

rramsook : They should have responded within 90 days after receiving the return. You should call them to find out the status.

ok. If this was done for 20009 and further back, does it still only go back to 2008 , since they are the one's who haven't responded to to refunds?


I filed the taxes on time last year, receiving a refund. That's why I ask that question.


I am so glad that I'm not the one who doesn't get things done.

rramsook : If you filed before April 2009 it would be only acceptable for tax return years 2005 and forward
rramsook : Statue of limitation to file a return is 3 years

ok. Thank you so much for your assistance. Will the IRS answer questions for me, if it's not my returns that I'm questioning?

rramsook : They can only answer questions if speaking to the taxpayer.

Thought so.


Thank you.

rramsook : No problem glad to help

Have a good night.

rramsook : You too. Thanks for using Just Answer

I have some other issbut not tax related. Thank you for your assistance.

rramsook : No problem.
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