Filed wrong Childs birthdate.

What is the name of your state? Missouri

Ok, I want to know how much trouble I could be in. My son was born in January 97. My ex and I were broke and in debt. When I filed my 96' taxes I claimed my son was born January 96 instead. I filed the same for both state and federal taxes. For fear of being caught I have filed the same every year. I would like to know if I try to get this fixed now if I would be able to fix it with out being convicted of some form of tax cheating.

Thanks

[abezon]

Was he born on Jan 1? If not, you probably committed tax fraud & the statute of limitations will never run out. In that case, the sooner you amend your 1997 return, the better.

OTOH, if you don't amend the return, the IRS is unlikely to catch your mistake, or they may chalk it up to an error rather than fraud. If it's an error, the statute of limitations ran out a long time ago & the IRS can't come after you. Keep in mind that the IRS has to prove fraudulent intent, and not just taxpayer stupidity. I still have clients that think they can't claim a kid unless the kid was alive the entire year.

Yeah that is what I thought. If I amend them I wind up owing tons of money and they may try to get me for fraud. If I don't I will wind up owing tons of money and they will try to get me for fraud.

been thinking about it alot lately.

Am I right that if I amend my taxes they may try to prosecute me?

I know they will if I don't and they find the mistake, just curious on how they may react if I come forward. Obviously each case is different, but wondering what someone with more experience in the matter thinks.

And how will the amendment process work?

I'm sure I will wind up oweing them. Will I have to pay them immediately?

Who is best to see to get it ammended? A tax attorney? an accountant?

I need to get it fixed, because I figure even if they don't find my error between now and when my son is grown, they will probably see a problem when he starts to file his own taxes and uses his real birth date.

I went over my taxes and it looks like I got about 700 dollars back more then I should have. Even if they don't prosecute me I will probably owe them thousands right?

Thanks for your help.

[abezon]

They're not going to prosecute you. The most they will do is try to collect the $700 + interest + penalties. Since 96 is so old, I'd say just leave it alone. The statute of limitations has passed & they have an uphill battle before they can collect anything from you. It's not worth the hassle to them for $700!

Thanks. I really really do apreciate your time.

... But I have one more question. I have been filing with the birth year of my son wrong for 8 years now. Can I start filing with the correct date?

And I will explain why I ask. I'm a single father. And have begun dating a single mother. Life has just started to get good and I was hoping to head off potential bad news before it hit me up side the head. Also if we wound up getting married and filed jointly, I would have to start filing the correct date to avoid putting her at risk.

Thanks again.

[abezon]

Yes, start using the correct date.

Tax-wise, you & the single mom will do better not to get married. One of you files head of household & claims the standard deduction, the other files single and claims all the itemized deductions. This maximizes the amount of money the household gets to earn before any taxes are due. Also, the lower wage earner may be eligible for the earned income credit. The higher wage earner may end up claiming both kids -- depends on the exact numbers, child support, etc. Be sure to have the same tax pro prepare your returns so s/he can maximize your refunds.