[jondavis1115]

My daughter was born in 2005 and when I filed I did not know that I could claim my daughter and get the Earned Income Tax Credit and the Child Credit. I believe that my father/mother inlaw claimed my child on their taxes. If I refiled will something come up against them? And is it possible for me to refile.

[Fr_Chuck]

You can file an admended return, it will be questioned if someone else already claimed the child. They would have had to have the Social security number to claim the child. If you were the ones that provided support, refile, but inform them you are, so that if they did, they will have to refile and pay back any funds they received over because of this

[AtlantaTaxExpert]

Fr Chuck'sposting is accurate.

The custodial parent has the irrevocable right to claim the child (and get the EIC) unless the other filer can definitively prove that he/she provided half of the child's support.

Even if, for some reason, you cannot claim the child, if you provided a home for the child in 2005 and/0r 2006, you can file as Head of Household, which may result in some refund.

You do not refile. What you do is AMEND your 2005 tax return to change your filing status from Single to Head of Household. You may also want to amend your 2006 return as well.

Now, a better option may be to go to your in-laws and negotiate with them on this issue. You can amend your return in order to get the EIC, and they can amend their return as well. Both returns can be mailed in the SAME envelope with a cover sheet explaining the situation.

They will have to pay additional tax, plus interest (required by law), but the IRS will probably waive any penalties.

[jondavis1115]

Thanks I will be talking to them this weekend about it. What tax form will I be using? And is there a program I can use to amend my 2005 taxes?

[AtlantaTaxExpert]

The form to amend your return is Form 1040X. Your in-laws will use the same form to amend their return.

You MAY want to consider using a tax professional to amend your and their return. The busy season is about to start, but if yo see someone locally quickly, he/she should be able to get your amendments done before the rush starts.

I am available if you want to use my service; email me at [email protected]. I have done a number of returns like yours over the years.

If you REALLY want to do it yourself, you may be able to get a 2005 copy of TaxCut or TurboTax from a used computer store. You can also download a copy of the 2005 TaxAct software from the TaxAct website (www.taxact.com). However, when you factor in the state tax return, the software will probably cost you about as much as the tax pro would charge.

[MukatA]

If jondavis1115 was herself a dependent in 2005, she can't claim a dependent.
"You cannot claim any dependents if you, or your spouse if filing jointly, could be claimed as a dependent by another taxpayer."

[AtlantaTaxExpert]

Agreed!

As you may have figured out, this can be rather complex.

You should REALLY consider professional help!