Can I Amend My Tax Return to Add Dependents After My Wife's Claim Was Rejected?

What if the brother and sister were only living with them for 5 months of the year instead of 6? Would they still qualify as dependents? And would the IRS be more likely to audit them again since his wife was already audited for the same issue?

For the residency requirement, it actually depends on their relationship. If they're qualifying children, they generally need to live with you for more than half the year (so at least 6 months and a day). However, if they qualify as "qualifying relatives" instead, there's no residency requirement - it's based primarily on you providing more than half their support and them having limited income. Yes, there's definitely an increased chance of scrutiny since there was already an audit on this issue. That's why documentation is crucial. The IRS will likely look carefully at why the husband would qualify to claim dependents when the wife didn't. Be prepared to clearly demonstrate how you meet the tests where your wife failed to qualify.

Does this tool actually look at tax forms or do you just type in information? I've been burned by "tax calculators" before that gave me wrong information about my rental property deductions.

Can it actually tell me if I'd trigger an audit by amending? That's what I'm really worried about. I have a somewhat complicated situation with my stepchildren who lived with both parents at different times during the year.

The tool actually examines any tax documents you upload to analyze your situation - it's not just a simple calculator. It uses AI to read through your forms and identify potential issues specific to your filing, which is way more accurate than just plugging in numbers. Regarding audit risk, it does provide an assessment of potential audit flags in your return and explains which parts of your tax situation might attract IRS attention. For situations like split custody of stepchildren, it asks detailed questions about the time spent in each home and support provided, then applies the tie-breaker rules to determine who has the stronger claim. It helped me understand that having proper documentation is more important than worrying about the amendment itself.

Wait, so this is just a service that helps you get through to the IRS phone line faster? How much does it cost? Seems like something that should be free...

I'm skeptical. I've heard the IRS doesn't even answer their phones anymore. How would this service possibly get through when nobody else can? Sounds too good to be true.

It's a service that connects you with the IRS much faster than waiting on hold yourself. They use technology to navigate the phone system and wait in the queue for you, then call you when an agent is actually on the line ready to talk. How it actually works is pretty simple - their system keeps dialing and navigating the IRS phone tree until it gets through, which can take hours. But instead of YOU having to do all that waiting, their system does it and only connects you when an actual human at the IRS picks up. I was honestly shocked it worked because I had tried for days on my own with no success.

Thanks for pointing that out - I should have mentioned it. From what I understand from the audit letter, she failed the support test. The IRS determined she didn't provide more than 50% of their support over the year. In reality, I was the one paying most of the housing costs and expenses, but we filed separately and she claimed them.

That's exactly what I was getting at! If the support test was the issue, and YOU were actually the one providing most of the support, then you have a legitimate case for amending and claiming them. Make sure you gather documentation showing YOUR financial support: rent/mortgage payments, utility bills, grocery receipts, clothing purchases, medical expenses, school supplies, etc. Calculate the total cost of support for each dependent and show that your contribution exceeded 50% of that total. Bank statements and canceled checks can help establish the timeline and amounts. When you file the 1040X, include a clear statement explaining that you were the actual support provider, not your wife, and that's why her claim was rightfully rejected while yours should be accepted. The more organized and detailed your documentation, the better your chances of avoiding another audit or having your amendment approved if you are audited.

I did this last year. Don't use the normal amend process in TurboTax. Start a brand new return for that tax year, enter everything correctly including the dependents, then select the option that this is an amended return. It'll generate a 1040X showing the differences automatically.