Mother is custodial parent. No8332. Father files first, claimed HoH and tax credits. Mother needs refund and gets refund even if filing single. File single then amend?

Forum|Forum|6 years ago
December 7, 2019
24 replies
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The concern for the mom is twofold:

She doesn't want to set a precedence
She needs the refund and she gets a refund even if she files single.

I'm concerned if we file single then amend it will set off flags for the IRS. The IRS practitioner help line indicated the mom's entire refund will be held up until the investigation clears which could be 3 to 6 months.

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Best answer by Just-Lisa-Now-

These are divorced parents right? Not unmarried parents living together?

If so, to do this properly, Mom files original return by paper taking the filing status and children that she's entitled to take.

Be sure you have proof that she's entitled to take the children and qualifies for HOH, use the worksheets in the 8867 for due diligence on your part.

taxiowa

Level 8

Most likely the Help desk in this case was not very helpful. IRS does not pre-determine that the first to file is the rightful owner of the tax credits. It only takes about 4-6 weeks by mail to get refund. So I would file by paper with correct info including reason having to file paper form. Then both parties usually get a letter about October with instructions to file 1040X if they claimed the dependent in error or if they need proof they are the rightful claiment.