State filing after Federal Reject-ex claimed kids

[tpert]

My client is the custodial parent of her kids, but her ex claimed them first so I got a 506 and 507 reject. I know that the federal needs to be filed on paper now.

Do I need to also file the state return on paper in this situation? It may be obvious to some, but I have never faced this and was hoping someone could tell me what is proper.

Thanks

[KBTS]

What state is it? In PA, the only time dependents come into play on the state return is if the taxpayer qualifies for PA Tax Forgiveness.

[taxea]

If your client has the right to claim the kids you can file a paper return for both Fed and state. use the search on this topic there are many posts.

[Possi]

State piggybacks the Federal

My client is the custodial parent of her kids, but her ex claimed them first so I got a 506 and 507 reject. I know that the federal needs to be filed on paper now.

Do I need to also file the state return on paper in this situation? It may be obvious to some, but I have never faced this and was hoping someone could tell me what is proper.

Thanks

When I efile, the state piggybacks off the Federal. If the federal rejects, the state doesn't fly either.

I would file both as paper and claim the children. If you are not claiming the children, you can change the tax return and e-file again, federal and state. I am not suggesting you do that, but I'm saying it can be done.

Did the ex have the legal right to claim an exemption for the kids? If so, the ex would have needed the signed 8332 from the custodial parent. Custodial parent still gets the HOH filing status and any child care expenses; ex gets exemption and child tax credit. Just an added thought.

[tpert]

If your client has the right to claim the kids you can file a paper return for both Fed and state. use the search on this topic there are many posts.

I realize that I can paper file both. I am asking if the state would be allowed even if the federal is rejected. This is for New York.

The problem with paper filing is that it is New York State. The client lives quite a distance away and before I give her the paper return, I need her to complete the form to opt out of e-filing.

Otherwise, I would have to mail her the opt out form and have her mail it back and then send her the return.

That is why I am asking if I can still efile the state with this kind of federal reject.

[Jesse]

My client is the custodial parent of her kids, but her ex claimed them first so I got a 506 and 507 reject. I know that the federal needs to be filed on paper now.

Do I need to also file the state return on paper in this situation? It may be obvious to some, but I have never faced this and was hoping someone could tell me what is proper.

Thanks

I think it depends on your state. Does it allow stand alone efile or must it piggyback the Federal?

Wisconsin we can do a stand alone and efile without the Federal.

Edit: It might depend on what software you're using.

[tpert]

When I efile, the state piggybacks off the Federal. If the federal rejects, the state doesn't fly either.

I would file both as paper and claim the children.

Did the ex have the legal right to claim an exemption for the kids? If so, the ex would have needed the signed 8332 from the custodial parent. Just an added thought.

The ex did not need form 8332. He and his preparer lied and said the children lived with him (the child might have visited him for a total of maybe 50 hours all year).

[tpert]

I think it depends on your state. Does it allow stand alone efile or must it piggyback the Federal?

Wisconsin we can do a stand alone and efile without the Federal.

New York is a piggy back state, but can be filed without the federal. However, you are saying that this would prohibit efiling the state. Thanks. I think I have what I need.

THANK YOU ALL FOR YOUR HELP.

[taxea]

The ex did not need form 8332. He and his preparer lied and said the children lived with him (the child might have visited him for a total of maybe 50 hours all year).

Are you saying that your client is going to let him get away with his lie? Are you planning on filing the state without the dependents?
Did you originally file them together? If so that would probably mean that the state also rejected.
2009 returns require the 8332 signed by the custodial parent if the non-custodial parent takes the kids as dependents.

[dtlee]

Are you saying that your client is going to let him get away with his lie? Are you planning on filing the state without the dependents?
Did you originally file them together? If so that would probably mean that the state also rejected.
2009 returns require the 8332 signed by the custodial parent if the non-custodial parent takes the kids as dependents.

No. He is not entitled to the deduction and we have sufficient documentation to support having the deduction. I was referring to the statement that the ex needs an 8332. Apparently, some tax preparers are willing to file head of household and claim EIC even if a person is not paying for his household (lives with parents) and has no one that can be validly claimed as a dependent. Thus, for some tax preparers, you don't need this form.