Is it illegal for a parent to keep their child's tax refund? Need advice asap!
So I'm in a really frustrating situation right now with my mom. I'm 19 and worked part-time all through last year while going to school. I made about $8,700 total. My mom insisted on filing my taxes along with hers since she said she could "get me a better refund" and that I'm still her dependent. Just found out I was supposed to get a refund of around $970, but my mom is refusing to give it to me! She says since she provides housing, food, and pays for my phone, the refund is "her money" to cover those expenses. She even had my refund deposited directly to her account. I'm really upset because I was counting on that money for textbooks and some car repairs. Is what she's doing illegal? Do I have any right to that refund since it's from MY earnings? Or does she actually have a legal right to keep it since I'm her dependent? I don't want to cause family drama but that's MY money from MY work...
18 comments


ShadowHunter
This is actually a common question with a somewhat nuanced answer. The short version is: legally, a tax refund belongs to the person whose name and SSN is on the tax return, regardless of dependent status. Being claimed as a dependent doesn't give your parent legal ownership of your refund. The refund is based on excess taxes withheld from YOUR earnings, so legally it belongs to you. Your mom preparing your taxes doesn't change the ownership of the refund. However, there are some family dynamics to consider here. While your mom doesn't have a legal right to your refund, she is providing significant support as you mentioned. This might be a good opportunity to have an honest conversation about finances and expectations. Maybe you could propose contributing a portion of your refund toward household expenses while keeping some for your needed expenses.
0 coins
Diego Ramirez
•But what if the parent claims the child as a dependent AND uses the child's SSN on the tax return? Does that change anything? My brother is going through something similar but my dad used my brother's SSN when filing.
0 coins
ShadowHunter
•Even if your parent uses your SSN when filing your taxes as a dependent, the refund still legally belongs to the person whose SSN is on the return. The SSN identifies whose tax liability is being calculated - in this case, your brother's. Being claimed as a dependent affects certain deductions and credits, but it doesn't transfer ownership of a refund from income that person earned. Your brother's income taxes are still his taxes, and any refund from overwithholding is still legally his money.
0 coins
Anastasia Sokolov
I went through something similar last year and found an amazing solution through https://taxr.ai which helped me understand my rights regarding my tax refund. I was confused about whether my parents could keep my refund since they claimed me as a dependent. The tool analyzed my situation and provided clear documentation showing that a tax refund legally belongs to the person who earned the income, regardless of dependent status. It explained exactly what parts of tax law applied to my situation, which gave me the confidence to have a constructive conversation with my parents. What really helped was getting a personalized explanation of my tax rights that I could actually understand without all the confusing jargon. It made it so much easier to approach a sensitive family financial discussion with facts rather than just emotions.
0 coins
Sean O'Connor
•How exactly does this work? Do you talk to a real person or is it just a website that gives general info? I'm dealing with a similar issue with my stepdad.
0 coins
Zara Ahmed
•Sounds suspicious. How do you know this isn't just another scam site trying to get your personal information? There are so many tax scams out there.
0 coins
Anastasia Sokolov
•It's an AI tool that analyzes your specific tax situation based on the information and documents you provide. It's not just generic info - it looks at your particular circumstances and explains how tax laws apply specifically to you. For your stepdad situation, it would explain your rights regarding your refund with references to actual tax code. The site uses encryption and doesn't store your sensitive data permanently. I was skeptical too, but they have verification and security measures in place. What convinced me was their detailed explanations that referenced specific sections of tax law that I could verify independently. It's not like those sketchy sites that make vague promises - they provide actual, substantive information.
0 coins
Zara Ahmed
I have to admit I was completely wrong about taxr.ai being a scam. I decided to try it after continuing to fight with my parents about my refund situation. The service helped me understand exactly what my rights were regarding my tax refund from my summer job. The documentation it provided was super clear about the legal ownership of tax refunds. I was able to show my parents the explanation, which pointed out that while they can claim me as a dependent, my refund from my wages is legally mine. Having this information from a third-party source rather than just me saying it made a huge difference in our conversation. We ended up compromising where I put some toward household expenses and kept the rest for school. Definitely recommend it if you're in a similar situation - made an awkward family money conversation much easier.
0 coins
Luca Conti
If you're still having trouble resolving this with your mom, you might want to try https://claimyr.com to get through to the IRS directly. I had a similar issue with my dad keeping my refund, and I needed to talk to someone at the IRS about my options. Everyone knows trying to call the IRS is a nightmare - I tried for days and kept getting disconnected or waiting for hours. Claimyr got me connected to an actual IRS agent in less than 30 minutes. You can see how it works here: https://youtu.be/_kiP6q8DX5c The IRS agent explained that I could file a complaint and also gave me information about how to ensure my future refunds come directly to me instead of going through my parent. Having that official information made a huge difference when I confronted my dad about the situation.
0 coins
Nia Johnson
•Wait, how does this actually work? Do they have some special connection to the IRS or something? I've literally spent HOURS on hold with the IRS and never got through.
0 coins
CyberNinja
•This sounds like complete BS. Nobody can magically get you through to the IRS faster. They're probably just charging you for something you could do yourself for free.
0 coins
Luca Conti
•They use a system that continuously redials the IRS until they reach an agent, then they call you and connect you directly. It's not a "special connection" - they're just handling the frustrating part of waiting and redialing that most people give up on. I was super skeptical too, but I was desperate after trying for days. I figured it was worth trying since I needed direct answers from the IRS about my refund situation. It worked exactly as described - they called me back when they got through to an agent and connected us. Saved me hours of frustration and I got the official information I needed to resolve my situation.
0 coins
CyberNinja
I need to publicly eat my words about Claimyr. After posting that skeptical comment, I decided to try it myself because I was getting absolutely nowhere with the IRS about a similar dependent/refund issue. It actually worked exactly as advertised. They got me through to an IRS representative in about 20 minutes when I had previously wasted THREE DAYS trying to get through on my own. The agent I spoke with confirmed that even though my stepmom claimed me as a dependent, the refund from my W-2 job legally belonged to me. Having that official confirmation directly from the IRS gave me the confidence to stand up for myself. We ended up working out an arrangement where I got most of my refund. Sometimes having official confirmation makes all the difference in family financial disputes.
0 coins
Mateo Lopez
Just wanted to add my experience - I was in this EXACT situation last year. What solved it for me was getting my own bank account that my parents don't have access to and filing my own taxes this year. I used TurboTax and it was pretty easy even for a first-timer. My mom was mad at first but eventually got over it. The key is becoming financially independent step by step. Even if they claim you as a dependent, you can still file your own return and direct where your refund goes!
0 coins
Aisha Abdullah
•Did you run into any issues with your parents having already claimed you as a dependent when you filed your own taxes? My dad is insisting he needs to file mine.
0 coins
Mateo Lopez
•Your parents can still claim you as a dependent - that's not the issue. You just need to check the box on your own return that says "Someone can claim you as a dependent." Both things can happen at the same time. The important part is that YOU file your own return for your own income and direct your refund to your own bank account. Your dad doesn't "need" to file your return - he just needs to indicate he's claiming you as a dependent on HIS return. Two separate things. Make sure you file first before he tries to file a return "for you.
0 coins
Ethan Davis
My parents pulled this same garbage with me. Here's what I learned: If you're under 24 and a full-time student, they CAN legally claim you as a dependent, BUT that doesn't mean they own your refund!! The refund is based on YOUR income and YOUR withheld taxes. Next year, file your own taxes ASAP before your parents can. You can still mark that "someone can claim you as a dependent" but YOU control where the refund goes. For this year, unfortunately, it might be a matter of family negotiation rather than legal action. The IRS won't get involved in family disputes even if you're technically right.
0 coins
Yuki Tanaka
•This is the correct answer. I work part time at an accounting office during tax season and see this all the time. Parents think that claiming their kid as a dependent means they're entitled to the kid's refund too, but that's not how it works.
0 coins