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My father has been claiming both my children and myself as…

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My father has been...

My father has been claiming both my children and myself as dependents even though my children do not live with him. I, too, do not live with him and he will not fiancially support me (i have a disability) or my children

Accountant's Assistant: The Accountant will know how to help. Is there anything else the Accountant should be aware of?

Nothign else

Submitted: 6 months ago.Category: Tax
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Customer reply replied 6 months ago
i also would like to state that he has been claiming my son and i for the last 11 years, and very recently in the last 4 years claimed my daughter as well (she was born in 2012). i would like to get the money back that he has taken, but if i file for back taxes how do i do it and what are the steps that iw ould need to take in order to get this done?
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11/27/2017
Tax Professional: Mark Taylor, Certified Public Accountant (CPA) replied 6 months ago
Mark Taylor
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Tax Professional: Mark Taylor, Certified Public Accountant (CPA) replied 6 months ago

You are correct that your Father should not have been claiming you and your children as dependents. One of the requirements to claim someone as a dependent is that you provide more than 50% of their support. Based on your description this does not seem to be the case. There is a three year statute of limitations on filing an amended return. So you would only be able to amend the 2014, 2015 and 2016 tax years. The amended return will likely produce a notice from the IRS stating that someone else has claimed the children as dependents. As a result, you would need to provide the IRS additional information that the children lived with you for 2014, 2015, and 2016 and you provided more than 50% of their support.

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Customer reply replied 6 months ago
What about the years 2006-2017 for my oldest child, how would I get the money back that was owed to me instead of to him?
Tax Professional: Mark Taylor, Certified Public Accountant (CPA) replied 6 months ago

The years from 2006 to 2013 would be barred by the statute of limitations. So unfortunately you would not receive any of the refunds for these years.

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Customer reply replied 6 months ago
Would there be another way to recover it or would I have to file a lawsuit in order to recover the money that was not given?
Tax Professional: Mark Taylor, Certified Public Accountant (CPA) replied 6 months ago

Unfortunately there would not be any way to obtain the money from the IRS.

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Customer reply replied 6 months ago
Ok so where do I go to amend the returns? Do you know what form needs to be filled out in order for this to happen?
Tax Professional: Mark Taylor, Certified Public Accountant (CPA) replied 6 months ago

What types of income do you normally report on your tax returns? You would need to copies of the original returns that you filed for 2014, 2015, and 2016. You would need to complete form 1040X, and an amended 1040 return.

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Customer reply replied 6 months ago
I am self employed and receive ssi
Customer reply replied 6 months ago
Also, I have not filed returns for 3015 or 2016 I filed in 2014 but was denied and I don't have the original return
Tax Professional: Mark Taylor, Certified Public Accountant (CPA) replied 6 months ago

The only thing that will change is your 1040. Your self employment income would not change. You mentioned that the 2014 return was denied. My guess is that it was rejected because your father also claimed your children as dependents. This makes things a little bit easier for you. You would just need to file the 1040 returns for each of the years. You would also need to file schedule C, Schedule SE, the child tax credit.

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Customer reply replied 6 months ago
What forms do I print out to file for the amended tax returns?
Customer reply replied 6 months ago
Also if I wa snot able to receive taxes for my kids in the last three years do I fill out separate forms or include them w the amended forms? If separate which forms do I fill out?
Tax Professional: Mark Taylor, Certified Public Accountant (CPA) replied 6 months ago

You would only need to file amended returns if you filed a previous return.

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