Parent claimed me as a dependent without my permission

Parent claimed me as a dependent without my permission

I was incorrectly claimed as a dependent. How do I get my stimulus checks?

Parent claimed me as a dependent without my permission

By Christine Tran, 2020 Get It Back Campaign Intern

One eligibility requirement to get the first, second, and third stimulus check is that you cannot be claimed as a dependent on someone else’s tax return. If you didn’t receive your first or second stimulus checks because you were wrongly claimed as a dependent on a 2019 tax return, you can file a 2020 tax return in 2021 to get your stimulus payment(s). This is because the stimulus checks are an advance payments of a special tax credit (It is referred to as the Recovery Rebate Credit on the tax return). You will need to file a tax return to get your stimulus payment even if you aren’t required to file taxes.

If you can be claimed as a dependent on a 2020 tax return, you will not receive the first stimulus payment of $1,200, the second stimulus payment of $600, or the third stimulus payment of $1,400 as a tax credit in 2021.

Need help filing?

At the end of January 2021, contact your local VITA site or call your local 211 to find free tax services in your area. The deadline to file your taxes this year is May 17th, 2021.

NOTE: Due to the COVID-19 pandemic, many sites are closed for in-person services. Some may offer drop-off or virtual tax services to continue assisting people with safe tax preparation. Call your VITA or Tax-Aide site to see what services they provide.

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Parent claimed me as a dependent without my permission

The Legal Information Center is a free program to provide information to people who are representing themselves in Family Law cases in Hillsborough County. Get the information you need to make an informed decision about your case.

Parent claimed me as a dependent without my permission

December 13, 8:00 am - 10:00 am

Bay Area Legal Services’ attorneys will be on-site teaching monthly legal education trainings on various legal topics.

Typically, the first and third Friday of the month.

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The Medical-Legal Partnership provides veterans enrolled for care at Haley with access to free legal advice, intervention, and representation when they cannot otherwise afford a lawyer.

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If you live or have a case in Hillsborough, Manatee, Pasco, Pinellas or Sarasota counties, we may be able to help.

How do I apply? Am I eligible?

Your parents can claim you as a dependent after the age of 18 if you continue to meet the stipulations set by the IRS. This can help them gain tax benefits meant to balance out the costs of maintaining your living expenses.

Depending on your age, though, you may fall into either a qualifying child category or a qualifying relative category. Here's what you need to know about being claimed as a dependent and how it may affect the taxes you file yourself.

Who Qualifies as a Dependent?

At almost any point in your life, your parents may claim you as a dependent if you meet the necessary qualifying criteria. Whether they are supporting you through college or helping you after a divorce, there may be an option for claiming you on their taxes.

To qualify as a dependent, you must fall under one of two categories: qualifying child or qualifying relative.

A qualifying child:

  • Is younger than the filer
  • Is younger than 19 (or younger than 24 if they are a full-time student) or permanently and totally disabled
  • Must live with the filer for more than half the year (certain exceptions apply)
  • Does not provide half of their own support

A qualifying relative:

  • Can be any age
  • Must live with the filer for an entire year or pass the IRS Member of Household or Relationship Test
  • Gets more than half of their support from the filer
  • Earns less than $4,300 annually

In either case, the qualifying person must be a U.S. citizen, U.S. national, U.S. resident alien, or a resident of Canada or Mexico

If you meet these qualifications, your parents may be able to claim you as a dependent on their taxes.

What Are the Pros and Cons of Being Claimed as a Dependent?

Dependent status provides limited positives for the dependent from a tax perspective. However, many adult children are happy to let their parents claim them as a tradeoff for their parents' support while they are in college or still receiving most of their financial support from family.

Claiming you as a dependent is an attractive option for your parents because it can reduce their tax liability. If your parents continue to claim you as a dependent after you turn 18, they may be able to take advantage of tax breaks like:

  • The credit for other dependents
  • A potentially higher earned income tax credit
  • Form 1098-T education credits
  • Student loan interest deduction
  • Medical expenses deduction

Your standard deduction also decreases if your parents claim you on their taxes. It may be reduced to either $1,100 or your earned income plus $350, whichever is greater.

Do You Have to File Taxes as a Dependent?

If your parents claim you as a dependent on their taxes, you may still need to file your own tax return.

As a dependent, you will need to file taxes if you received over $1,100 of unearned income, $12,550 of earned income, or a gross income that was greater than $1,100 or $350 plus your earned income up to $12,200.

If you file your own tax return, be careful not to claim any credits your parents already claim with you as a dependent, such as the American opportunity tax credit for qualified education expenses.

When Are You Disqualified From Being Claimed as a Dependent?

You are disqualified from being claimed as a dependent by your parents when you are no longer considered a qualifying child or relative according to the IRS rules noted above. For example, if you live on your own and provide more than half of your own support, you no longer qualify as a dependent.

Can your parents claim you as a dependent without your permission?

Actually, no one needs your permission to claim you as long as they have the right to do so. per the IRS.

What if someone claimed me as a dependent without my permission?

If the person who claimed you did so in error, they will need to file an amended return to remove you as a dependent. If the person who claimed you did so fraudulently, you may also need to contact the IRS to report identity theft.

How do I stop my parents from claiming me as a dependent?

You do not "remove" anything parent related ... if you no longer qualify as their dependent you simply file your own return and indicate NO ONE will claim you even if they did. Then tell your folks why you are not their dependent and tell them you will be claiming yourself.

What is the penalty for falsely claiming dependents?

If the IRS accuses you of claiming a false dependent, you will be required to pay the full amount you avoided by doing so. In addition to the total amount, you will be required to pay a . 5% late fee for the unpaid amount each month that had passed since the tax was due.