Can an amended tax return be filed to remove a dependent so that the child can be used on someone elses taxes?
Posted on July 23, 2009 by admin
smithtyler68 asked:
My ex never submitted a tax return for tax year 2000. I did and used our children on my return. It would help them more than it would hurt me to use two of our children on their return. Can i do an amended reutn and remove the two kids from my 1040 so that the ex can use them?
My ex never submitted a tax return for tax year 2000. I did and used our children on my return. It would help them more than it would hurt me to use two of our children on their return. Can i do an amended reutn and remove the two kids from my 1040 so that the ex can use them?
It’s too late for you to amend 2000. Since you can’t remove them, he can’t claim them.
Unfortunately it is too late to do what you want to do. Actually, you could do the half that hurts you (amend yours to remove the dependent) since that costs you tax and there is no time limit on returns that cost you tax.
But your ex cannot get a refund from a tax return for a year that is over three years ago.
(Imagine that! The IRS lets you go back forever to pay MORE tax but only three years to get money back!)
For future reference, you can ammend tax returns using a 1040-X form up to 4 years previous.
If you could legally claim the children as dependents on your 2000 return, your ex cannot do so. If he can legally claim them, the fact that you fraudulantly claimed them does not matter. If you claimed them and should not have and are feeling guilty about it, by all means file an amended return.
Did your divorce decree specify who would take the exemptions? Who is “them” and “their”? Who paid more than 1/2 of the kids’ support? With whom did they live?