Legal Question in Tax Law in Illinois

I am 23, have lived on my own the 3 years. Every year, I sent my taxes to my parents and their accountant has done them for me. I always owed, but never thought anything about it, he was an accountant, right? Well, turns out my parents have been claiming me as a dependent on their own taxes. The 2012 tax season, I just did my own taxes. My parents claimed me as I claimed myself also. So now some problems have arose. They are trying to make me file an amended return where i don't claim myself. Therefore, I would have to pay back the $540 return i received from the IRS. And after the 3 years of taxes they did for me, I should have gotten that much back EVERY YEAR instead of having to pay in. Is this against the law? What can I do about it?? Any and all help will be greatly appreciated!!

Also, they live in Wisconsin, and I live in Illinois is that makes a difference!

Asked on 7/23/13, 1:27 pm

1 Answer from Attorneys

Virginia Prihoda Law Offices of Virginia Prihoda

If you're over 18, your parents can claim you if you are a full time student and the parents contribute greater than 50% of your support. If you're over 18 and completely emancipated, supporting yourself, your parents are not eligible to claim you. If you're over 18 and your parents contribute more than half your support and your earnings are less than the amount of the personal exemption available to a single taxpayer ($3,800 in 2012) your parents can claim you. Your decision as to whether an amended return is appropriate should be made taking the above requirements into account. Your parents cannot force you to file an amended return. However, if your parents are eligible to claim you in 2012, based on the requirements described above, you may find that family dynamics are more important than tax law in making your decision to amend.

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Answered on 7/24/13, 8:53 am

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