The dependent's birth certificate, and if needed, the birth and marriage certificates of any individuals, including yourself, that prove the dependent is related to you. For an adopted dependent, send an adoption decree or proof the child was lawfully placed with you or someone related to you for legal adoption.
By listing a dependent on the return, you are informing the IRS that your dependent has passed the four qualifying child tests and you are the custodial parent.
Because you are technically filing your taxes under penalty of perjury, everything you claim has to be true, or you can be charged with penalty of perjury. Failing to be honest by claiming a false dependent could result in 3 years of prison and fines up to $250,000.
You cannot have another person audited by the IRS for any reason. If you tried to claim your child in previous years and the IRS rejected your tax return you can discuss this with the IRS and provide documentation that the child should be your dependent.
Answer when the IRS contacts you
About two months after you file a return, we'll begin to determine who's entitled to claim the dependent. You may receive a letter (CP87A) from us, stating your child was claimed on another return. It will explain what to do, either file an amended return or do nothing.
Businesses that show losses are more likely to be audited, especially if the losses are recurring. The IRS might suspect that you must be making more money than you're reporting—otherwise, why would you stay in business? Most likely to be audited are taxpayers reporting small business losses.
It's important to note that if two or more taxpayers claim the same child, the IRS will use the “tiebreaker rule” to figure out who is eligible. You can always speak about your specific situation with your Jackson Hewitt Tax Pro when questions arise.
If a discrepancy exists, a Notice CP2000 is issued. The CP2000 isn't a bill, it's a proposal to adjust your income, payments, credits, and/or deductions. The adjustment may result in additional tax owed or a refund of taxes paid.
If someone else is claiming your dependent (for example, another relative or a separated spouse), the IRS will flag this and you might need to provide documentation to resolve the dispute. File Early: Filing or e-filing your tax return early can help prevent someone else from claiming your dependent before you do.
If the noncustodial parent claims your child without permission. When the noncustodial parent claims the exemption on their taxes and they don't attach the required Form 8332 signed by the custodial parent, their tax filing doesn't comply with IRS rules. The IRS may enforce its rules.
The custodial parent signs a Form 8332, Release/Revocation of Release of Claim to Exemption for Child by Custodial Parent or a substantially similar statement, and. The noncustodial parent attaches the Form 8332 or a similar statement to his or her return.
Qualifying children must live with you more than half the year. The following qualifying relatives do not have to live with you all year as a member of your household. Your child, stepchild, or foster child, or a descendant of any of them (for example, your grandchild).
Good Reasons
If your income disqualifies you from claiming these credits, your child's income probably doesn't disqualify him or her. Therefore, your child may be able to report payment of education expenses for tax purposes and then claim one of the credits – but only if you don't claim him or her as a dependent.
For step-children, a marriage certificate to the child's biological parent will work. Court paperwork showing the relationship can also be used in cases of adoption, foster parenting, or if you are the child's parent but your name isn't on the child's birth certificate.
An irs audit letter will usually come from the Internal Revenue Service but may also come from the Department of Treasury. Finally, the notice will include the name of the IRS agent completing the examination with their signature.
The IRS may pursue criminal charges if they suspect fraudulent returns. Criminal conduct refers to any act that violates tax laws and regulations. If the IRS determines that there is enough evidence to warrant criminal action, they will refer the case to the Department of Justice for prosecution.
For the 2022 tax year, the gross income threshold for filing taxes varies depending on your age, filing status, and dependents. Generally, the threshold ranges between $12,550 and $28,500. If your income falls below these amounts, you may not be required to file a tax return.
After the IRS decides the issue, the IRS will charge (or, “assess”) any additional taxes, penalties, and interest on the person who incorrectly claimed the dependent. You can appeal the decision if you don't agree with the outcome, or you can take your case to U.S. Tax Court.
The IRS knows who the custodial parent is because the parent is obligated to tell them when they file a tax return. The person who signs at the bottom of the return attests that all of the information is compete and accurate.
Changes to Certain Benefits
The five dependency tests – relationship, gross income, support, joint return and citizenship/residency – continue to apply to a qualifying relative. A child who is not a qualifying child might still be a dependent as a qualifying relative.
Another easily avoidable audit red flag is rounding or estimating dollar amounts on your tax return. Say, for instance, you round $403 of tip income to $400, $847 of student loan interest to $850, and $97 of medical expenses to $100. The IRS is going to see all those nice round numbers and think you're making them up.
The two groups most likely to get audited are those earning more than $10 million and taxpayers who claim the Earned Income Tax Credit, who tend to be low- or middle-income workers.
What percentage of tax returns are audited? Your chance is actually very low — this year, 2022, the individual's odds of being audited by the IRS is around 0.4%. However, keep alert for the IRS audit triggers.