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Ray
Ray, Lawyer
Category: Legal
Satisfied Customers: 42909
Experience:  30 years in civil, probate, real estate, elder law
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I have a question about tax things. Iowa. Let me

This answer was rated:

i have a question about tax things.
JA: What state are you in? It matters because laws vary by location.
Customer: iowa
JA: Has anything been filed or reported?
Customer: yes
JA: Anything else you want the lawyer to know before I connect you?
Customer: let me explain...my sister and her child lived with a roommate a few years ago and she lost her job so the roommate had the most income in the home so she let her claim the child on her taxes. the old roommate got a letter in the mail wanting more information on the child and her claiming this child. my sister and her old roommate are worried they can get in to legal trouble for this as they thought it was ok since the roommate had the income. what would your advice be?

Hi and welcome to JA. Ray here to help you today.Please bear with me a few moments while I review your question and respond.

Be a good time for the room mate to amend her return.Room mate cannot claim the dependent child of another person.Your daughter could do amended return too if she has any income to claim the child.IRS here is going to likely disallow the room mate claiming the child since it was not hers legally.

Reference

In this tax tutorial, you will learn about dependents. A dependent is a person other than the taxpayer or spouse who entitles the taxpayer to claim a dependency exemption. Each dependency exemption decreases income subject to tax by the exemption amount. For 2014, the exemption amount is $3,950.

Understanding Taxes -Dependents - IRS.gov

One way or another here either you amend return or they will do so and disallow the child.Child is not related to room amte so she cannot claim them.Your daughter can do so.Please don't shoot the messenger.

I appreciate the chance to help you today.Thanks for rating 5 stars.

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Customer: replied 2 months ago.
fi the roommate amends her return then she would have to pay that return back and it will be ok? Will the irs still require more information on that after she amends it?

Yes she can do so and the IRS may want more information here.But it would be a good start to go on and do it.