Illegally filed as dependent

[Heatherswan77]

From July of 2018 until the ends 2020 My fiancé and I resided with his brother. I was drawing disability at the time. I paid approximately $400 monthly in rent. Not counting groceries which his brother ate while we would sleep. Also not included are the multitude of items he broke into our room and stole every chance he got! Having  lied to his parents for the entirety of our residency about the fact that rent was discussed, agreed upon and paid with gratuity added. The end of summer 2020 we were blindsided with an eviction notice. It was around this time I noticed that we stopped getting mail. Upon a close inspection of the brother’s living area I found several pieces of mail from the social security department that had been hidden from me. Which in turned caused me to lose my check. I also saw that he had filed my fiancé me myself as dependents without our permission.  Which kept at least me from getting any stimulus money. Edit: my question is what is my recourse. I told the judge in the eviction case, and she ignored me. I’ve called TurboTax be the irs with no real resolution. I want him to have to pay for what he did. 

[ErnieS0 · Accepted solution]

If you believe someone is committing tax fraud, complete and send Form 3949-A to the IRS. Print and mail the form to Internal Revenue Service, PO Box 3801, Ogden, UT 84409

Refer to How Do You Report Suspected Tax Fraud Activity?

Additionally, you and your fiancé can file income tax returns, claiming yourselves. The IRS will send you and your fiancé’s brother notices telling you the same person has been claimed on two tax returns. They will ask both of you if you made a mistake and want to amend your return. If neither you of sends in an amended return then the IRS will ask for proof of support. Send in copies of your rent payments and other documents and receipts showing you support yourself. The IRS will then decide whether you were a dependent or not. Since you did not get a refund or stimulus, there will be no penalty for you if your claim is denied.

[Anonymous]

While it sounds like your brother wasn't an especially nice guy - it's not "illegal" to claim you as his dependents and your permission isn't required if you met the qualifications to be his dependent.  It sounds like you may have.  

[DawnC]

I can't say what legal recourse you have because I honestly do not know.   But if he did not pay for over half of your support or half of your girlfriend's support, he cannot claim you or her.   

The privacy and security of your tax information are as important to us as it is to you. We take these concerns very seriously.

If you believe you have been a victim of tax-related identity theft, contact us right away.

You will also want to:

1. Most importantly, follow the IRS procedures for reporting a fraudulent return. 
2. Monitor your credit reports through TransUnion, Equifax, and Experian for any suspicious activity.
3. File a police report with your local law enforcement agency.
4. File a complaint with the Federal Trade Commission (FTC) at Identitytheft.gov or the FTC Identity Theft Hotline at 1-877-438-4338 or TTY 1-866-653-4261. 

If your Social Security number is compromised and you know or suspect you are a victim of tax-related identity theft, take these additional steps:

• Respond immediately to any IRS notice; call the number provided
• Complete IRS Form 14039, Identity Theft Affidavit, and print and mail or fax according to the instructions
• Continue to pay your taxes and file your tax return, even if you must do so by paper

Additional Resources

[Heatherswan77]

Actually I was a tenant not a dependent. Not only did I pay rent I provided groceries as well as household supplies. I cooked and cleaned and cared for his pet.  All the while my “landlord” was stealing from my room and bathroom. When I put a lock on the door and a camera up that is when I was evicted. Bonus points for the fact that he withheld my mail causing me to lose my disability because I missed several deadlines.   

[DianeW777]

In addition to the other information you received you may want to speak to the Taxpayer Advocate Service.

Taxpayer Advocate Service (TAS).

• Select Contact Us, then select to download and complete Form 911, Request for TAS Assistance
• If you have not opened a case with TAS, call 877-777-4778

TAS is an independent organization within the IRS. Our job is to ensure that every taxpayer is treated fairly and that you know and understand your rights.

If you believe someone has filed a fraudulent return in your name, you can get a copy of the return. See Instructions for Requesting a Copy of Fraudulent Returns.

[Critter-3]

@Heatherswan77 

What you have is a legal issue so seek an attorney.  As for the IRS ... file your own returns to get the stimulus payments you missed already.  Also file a form 14039 if needed. 

[Heatherswan77]

I will absolutely get in contact with them. Thank you!