My husband and I have been separated for about 10 months now my mother supported my kids for the most part in this time because I needed her help. At tax time I gave her permission to claim my kids on her taxes. After she already filed and my husband knew she did he turned around and claimed them also. Who will get in trouble for this?
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The IRS will inform you that more than one person has claimed the children and ask you to provide documentation that you provided at least 51% of support for the child in question. Until this is resolved no one with be issued the credit for the child. If one person has already received the refund and it is found that they are not the person it should have gone to then the IRS will not only take back the money but also charge them interest and penalities. In most cases the person that actually has the children living with them will be granted the refund because housing and living expenses (rent, electric gas) count as support.
answered 2 years ago
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