Admitting parents tax fraud

^^^
We’re waiting the student to come back with more info.

The college isn’t being realistic if they’re asking for documentation that they weren’t married. What would someone provide? If I were single, and someone asked me to provide proof that I wasn’t married to John Doe, what would I provide?

I think the school believes that the parents were married (at least at one point) and are asking for proof of divorce…but that’s odd because schools allow parents to simply be separated (and not even legally).

We need more info.

My step dadclaims me on his taxes.

They are legally married, with marriage certificate and everything.

They have the same last name because she took his last name when they legally married. The school believes they are NOT married, and requires documents proving they are not married.

Proving they divorced **

Well, what do they say about this? They are the adults committing tax fraud, they should be sorting it out.

Everyone seems surprised but this is an extremely common scenario, usually involving Earned Income Credit fraud which can result in a refund of thousands of dollars a year.

Maybe decline FA and have them pay for college this year, and next year file a legitimate tax return?

So they never got divorce but are filing taxes claiming to be divorced? Since they sign the FAFSA forms certifying that the parent’s information was correct, they basically commit fraud.

I am guessing that you need legal help if you want to get this properly resolved.

Is your step-dad the only one who works in the household?

Is your step dad claiming you and your mom as dependents??

Does your mom file taxes?

What are your parents now saying about this situation?

PLEASE do NOT start school until this is completely sorted out. You’ll be in a WORSE situation if you start school and aid never comes because you’ll owe a big bill AND you won’t be able to transfer…and you’d get worse aid as a transfer.

What are your test scores and GPA?

According to the IRS, many married couples commit fraud to get the EITC. The couple divides up the kids, and each parent files as Head of Household. The IRS estimates around one quarter of EITC payments are paid as the result of error or fraud.

Maybe your parents should get a divorce to make their story jibe?

Of course you can file separate returns when married. I always thought the tax rate is higher when both spouses in a marriage have a substantial income and file separately.

They are legally married, living in the same household, and filing taxes as either single or head of household. Do you see what is wrong? There is another status, and filing ‘married filing separately is allowed’ but you didn’t say that was the status.

There are other benefits that can’t be taken if married filing separately, like AOTC. We on CC can’t tell you how to provide what the school wants (proof that they aren’t married) because such proof doesn’t exist - they ARE married. The school can’t process your FAFSA or other applications for FA without the correct supporting documents. They have put you in a tough spot. They need to file correct tax documents for you to get financial aid.

Under some circumstances, a married couple living apart can file separately as Head of Household. But those circumstances do not seem to apply here.

In this situation, it seems like the filing arrangement was done to (fraudulently) receive the EITC.

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According to the IRS, many married couples commit fraud to get the EITC. The couple divides up the kids, and each parent files as Head of Household. The IRS estimates around one quarter of EITC payments are paid as the result of error or fraud.
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Lovely.

And we’re supposed to have confidence that similar benefits aren’t also being largely abused? Ha!

I hope the OP comes back.

I think it’s unlikely that this will get squared away in time for school to start…and likely any needed aid won’t be forthcoming or won’t be enough.

I think this student needs to ask for a year delayed enrollment and in the meantime, apply to schools where his stats will get HUGE merit…more than free tuition, so that the remaining costs can be covered with a 5500 student loan (not using parent info).

The student can work/save during the gap year. DON’T take ANY classes…not even at a CC…NONE.

@mom2collegekids

How would,the kid get the $5500 student loan without using parent information? To get that loan, one MUST file a FAFSA. Since this is not an independent student…he would be required to use parent info.

Yes, there are situations where the student can file the FAFSA for loan purposes without parent info BUT this requires that the parents agree not to have the student as a dependent for tax purposes…and agree not to provide any support to the student at all. I seriously doubt this set of parents will give up their right to declare the student as a dependent,

Thus…no Direct Loan would be given…unless parent info was provided.

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ts agree not to have the student as a dependent for tax purposes…and agree not to provide any support to the student at all. I seriously doubt this set of parents will give up their right to declare the student as a dependent,
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Oh, I think these parents would cooperate in order to avoid the worse situation…and that’s having this child’s school rat them out to the IRS. All this kid would have to say is…“either you agree not to put me as a dependent, or the school is going to find out and report that you’ve been illegally filing taxes…and you’ll owe a bunch of back taxes and penalties.”

Unless they’re total idiots, they’ll realize that losing a small tax advantage with this dependent is smaller than a huge penalty and back taxes…and maybe some legal issues.

The OP need to come back and give more information. We don’t know if the parents are committing fraud or not. They could be filing married filing separately. The OP need to get her hands on both parents return and see whats the filing status. Also if the moms not even working then she doesn’t have a return. In that case the income won’t change it the parents amend their taxes to reflect married.

I doubt that. These people want the money. And they would be losing it moving forward.

The fact is…IF the family has been fraudulently filing their income tax forms,mt hey have MUCH bigger issues on their hands than their kid’s financial aid in college.

Right.

This student needs to assume that this will never get worked out and NOT go to this school in the Fall.

I’m very concerned that he/she might start at this college hoping that somehow the money will “work out” and then have to leave …owing a big bill…or ruining chances for large merit elsewhere as an incoming freshman.

If this student takes a gap year, doesn’t go to school ANYWHERE…just works…then this fall s/he applies where s/he can get HUGE merit, then she can get that 5500 loan w/o parent info.

It might also help if the student files his own taxes, right after the new year, claiming him/herself.

The student is in a position of power in regards to the parents because of the risk of exposure.

A taxpayer can only claim an exemption for him/herself if he/she cannot be claimed as a dependent on someone else’s return, even if someone else who could have claimed the person as a dependent did not do so.