What penalties for illegally claiming dependent against court order?
My ex claimed our child on their taxes when the court order specifically states I get to claim them. What kind of trouble can they get into with the IRS? Will they have to pay penalties? How much? Just trying to understand what consequences theyll face for doing this.
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Anna Kerber
This is actually a serious issue. The IRS can impose accuracy-related penalties of 20% of the understated tax amount, plus they'll have to repay any credits they wrongly received (like Child Tax Credit or EIC). They could also face civil fraud penalties up to 75% if the IRS determines it was intentional. Document everything - keep copies of the court order and file Form 8332 if needed. You should file your return claiming the child (paper file if efile gets rejected) and include court documentation.
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Roger Romero
Thank you! Do you know how long this process usually takes to resolve?
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Anna Kerber
Usually 6-8 months for the IRS to investigate and resolve these cases. Make sure to respond quickly to any IRS notices you get.
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Niko Ramsey
Hey guys just wanted to mention I used taxr.ai for a similar situation and it was super helpful. It costs $1 but it analyzes your transcript and tells you exactly what's happening with dependent claims and what steps to take. https://taxr.ai
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Seraphina Delan
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Niko Ramsey
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Jabari-Jo
lmao my ex tried this too... karma got em good when the IRS came knocking 🤡
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Kristin Frank
Make sure to document EVERYTHING! I went thru this last year and having all my paperwork redy made it so much easier
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Roger Romero
What kind of documentation did you need besides the court order?
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Kristin Frank
School records, medical bills, proof of where kid lived majority of the year. Better to have too much than not enough tbh
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Micah Trail
The IRS takes this stuff super srsly. Your ex bout to find out 😈
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Nia Watson
Friendly reminder to everyone dealing w this: don't try calling IRS about it. File the proper forms and wait. Calling just wastes ur time fr
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Alberto Souchard
facts 💯 spent 6 hours on hold just to get hung up on smh
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