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Auntkiki Asked October 2012

If I claim mom as a dependent, can the IRS take my husband and my tax refund if we claim her?

I moved my mom in with us and her only income is her SS check. She is 72 and has early dementia. I just found out that she owes back taxes to the IRS and they put a levy on her SS check. If I claim her as a dependent can the IRS take my husband and my tax refund if we claim her?

JessieBelle Oct 2012
This depends on how much of the SS the IRS has withheld this year. There are stringent rules for who is a dependent. A dependent has to live with you, receive at least half of their support from you, and not make more than $3650 a year. I would check with the IRS to see if the portion they garnished would still be counted as income. This is not an ordinary case.

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