If my children’s mother accidentally claimed our children, and it’s preventing me from e-filing, so I now have to MAIL my tax return?

[Coleen3 · Accepted solution]

Yes, once the name and Social Security numbers have been efiled on another's return, the only way to submit your information to the IRS is through the mail.

[alyssa-fuchser]

I have already tried to e-file through TutboTax and was rejected. Will I be refunded my order total?

[Coleen3]

No, you paid for a tax preparation software. If your return is accepted or rejected by the IRS is beyond TurboTax control.

[alyssa-fuchser]

When she prepared her taxes through TurboTax, the boxes were checked stating that she “had an agreement with the children’s other parent” and that “the children’s other parent would be claiming them”. And it was listed that she was only receiving EIC but not a dependent or child tax credit. Why is that preventing the children from being claimed on my return now? That is the way we have filed every year. There is no reason that my return should be rejected by the IRS if she opted out of claiming the children on her return. Correct?

[macuser_22]

Do you live together?

[alyssa-fuchser]

Yes.

[Coleen3]

That rule only applies to Divorced or Separated Parents.

[macuser_22]

Then she needs to amend and say NO to the custody question.   She can either claim the child and ALL the benefits of remove the child totally, then you can claim on a mailed return.
 
If you both live with the child, you can agree who claims the child and all the benefits.   The child can only be on one return and not on the other at all.  The benefits cannot be split.

Per the IRS: in order for parents to split the benefits the parents must have lived apart at all times during the last 6 months of the year, whether or not they are or were married.
<a rel="nofollow" target="_blank" href="https://www.irs.gov/publications/p501#en_US_2018_publink1000220904">https://www.irs.gov/publications...>

The dependent interview is confusing since it asks about custody without really explaining what that means.   That can lead you to answer the questions in a manner that gives credits to both parents when they both live with the child which is not allowed.   The child can only be on one parents tax return and not on the other at all.

*Only* divorced or separated parents that have lived apart for the last 6 months of the year can have a *custody* agreement.   The parent that physically lived with the child is the custodial parent and the parent that did not live with the child the non-custodial parent.   Under those circumstances the custodial parent can release the child's exempt to the non-custodial parent who did not live with the child with a 8332 form (which is a custody agreement).  

When *both* parents live with the child, no such custody agreement can exist since both parents have equal custody and there is no non-custodial parent.   The dependent and all the benefits can only be claimed by one parent.

[macuser_22]

To amend your 2018 tax return:

-- First, *wait* to see if your return has been accepted or rejected by the IRS or state. DO NOT do anything until you receive the accept or reject e-mail.

-- If rejected, you can correct and re-send your return.

-- If accepted you should *wait* until your return has been processed and you receive your refund or conformation that any tax due has been paid. (If you file an amended return while you first return is being processed it can cause extended delays for both returns if two returns are in the system at the same time). In addition, if the IRS makes any change on your original return, you might end up having to amend the amendment – a sticky process that can take a year or more).

-- Then you can start the amend process.

-- Amended returns can only be mailed - allow 8-12 weeks - can take up to 16 weeks (4 months) for processing.

See this TurboTax FAQ for help with amending:

<a rel="nofollow" target="_blank" href="https://ttlc.intuit.com/questions/1894381-how-to-amend-change-or-correct-a-return-you-already-filed"...>

You can check the status of your amended return here but allow 3 weeks after filing for it to show up:
<a rel="nofollow" target="_blank" href="https://www.irs.gov/filing/wheres-my-amended-return">https://www.irs.gov/filing/wheres-my-amended-re...>