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New Member
posted May 31, 2019 4:43:42 PM

How do I find out if someone has used my dependent on their income taxes,

I am trying to e-file my federal return and it's not going thru, their is a problem with one of my dependents and I believe that my daughter has been claimed on someone else's income taxes. How do I find out who is it, and how do I get them for fraudulently claiming someone who is not their dependent.

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1 Best answer
Level 15
May 31, 2019 4:43:43 PM

You can't find out. But, here's what you do:

If someone else claimed your dependent child inappropriately, and if they file first, your return will be rejected if e-filed.You would then need to file a return on paper, claiming the child as  appropriate. The IRS will process your return and send you your refund, in the normal time. Shortly (up to a year) thereafter, you'll receive a letter from the IRS, stating that your child was claimed on another return. It will tell you that if you made a mistake to file an amended return and if you didn't make a mistake to do nothing. The other party will get the same letter you did. If one of you doesn't file an amended return, unclaiming the child, the next letter, from the IRS, will require you to provide proof. Be sure to reply in a timely manner.

Winner gets the tax benefits; loser gets to pay the IRS back with penalties and interest. The custodial parent almost always wins. The non-custodial parent can only claim the child as a dependent if the custodial parent gives permission (on form 8332) or if it's spelled out in a pre 2009 divorce decree. https://www.thebalance.com/claiming-same-dependent-audit-risk-3193030 
The usual suspects are:
1. The other parent
2. The child claimed his own exemption
3. Some other member of the household (e.g. grandparent)
4. Someone else the child lived with for part of the year

24 Replies
Level 15
May 31, 2019 4:43:43 PM

You can't find out. But, here's what you do:

If someone else claimed your dependent child inappropriately, and if they file first, your return will be rejected if e-filed.You would then need to file a return on paper, claiming the child as  appropriate. The IRS will process your return and send you your refund, in the normal time. Shortly (up to a year) thereafter, you'll receive a letter from the IRS, stating that your child was claimed on another return. It will tell you that if you made a mistake to file an amended return and if you didn't make a mistake to do nothing. The other party will get the same letter you did. If one of you doesn't file an amended return, unclaiming the child, the next letter, from the IRS, will require you to provide proof. Be sure to reply in a timely manner.

Winner gets the tax benefits; loser gets to pay the IRS back with penalties and interest. The custodial parent almost always wins. The non-custodial parent can only claim the child as a dependent if the custodial parent gives permission (on form 8332) or if it's spelled out in a pre 2009 divorce decree. https://www.thebalance.com/claiming-same-dependent-audit-risk-3193030 
The usual suspects are:
1. The other parent
2. The child claimed his own exemption
3. Some other member of the household (e.g. grandparent)
4. Someone else the child lived with for part of the year

New Member
Jul 13, 2019 4:16:19 PM

How do I find out if someone has used my dependence on their income tax

Level 15
Jul 13, 2019 4:53:55 PM

@Jconey1234 

You posted this question in a thread that has the answer to your question directly above your own post.  Scroll up and read the answer.

New Member
Jan 20, 2020 9:00:11 AM

just wanted to see if someone has already claimed my daughter without my consent 

Level 15
Jan 20, 2020 9:04:32 AM


@dzmora wrote:

just wanted to see if someone has already claimed my daughter without my consent 


You cannot and the IRS will not tell you.

Just e-file your tax return with the dependents entered.  If your tax return is rejected because someone else claimed the dependents on their return, the rejection code will indicate that.  Then you will have to print and mail the tax return with your dependents entered on the return.  If you have a tax refund the IRS will pay the refund.

Within a year the IRS will send letters to both parties to determine who was eligible to claim the dependents.  The loser of the investigation get to repay any tax refund based on the dependent plus penalties and interest.

New Member
Jan 23, 2020 1:42:47 AM

I have a question? When this happened the rejection, does it mean someone has claimed my dependent on the returns before me this year? Or is it from the year before2018? Or just from this year?

Level 15
Jan 23, 2020 3:52:24 AM

just this year

New Member
Jan 23, 2020 1:48:51 PM

I want to find out if someone file me on tax

Level 15
Jan 23, 2020 2:08:37 PM


@Satana91 wrote:

I want to find out if someone file me on tax


You cannot and the IRS will not tell you.

Just e-file your tax return.  If your tax return is rejected because someone else claimed the you on their return, the rejection code will indicate that.  Then you will have to print and mail the tax return.  If you have a tax refund the IRS will pay the refund.

Within a year the IRS will send letters to both parties to determine who filed the tax return incorrectly.

Level 15
Jan 23, 2020 2:22:08 PM

The usual suspects are:

  1. The parent the child lives with.
  2. The other parent. 
  3. The child claimed his own exemption.
  4. Some other member of the household (e.g. grandparent)
  5. Someone else the child lived with for part of the year

New Member
Jan 30, 2020 8:27:18 PM

How can I find out if someone claimed my kid without red flaming my kid

Level 15
Jan 30, 2020 8:31:03 PM

Answered above. You cannot find out

New Member
Feb 20, 2020 11:46:53 AM

I can't file taxes but was told by a legal representation from it's cause my husband and I are separated and the children lived with me, he can't claim them on his taxes. How do I find out if he claimed them anyway.

New Member
Feb 20, 2020 11:48:57 AM

I didn't sign the form and can't file taxes cause I was a stay at home mom until we separated.

Expert Alumni
Feb 20, 2020 11:52:06 AM

When did you separate?  Did the children spend any time with him during 2019?

Level 15
Feb 20, 2020 1:07:38 PM

"I  can't file taxes cause I was a stay at home mom until we separated."

When did you start working and how much money did you earn in 2019?

 

The money you hear about people getting for just filing a tax return claiming kids requires them to  have some earned income (wages or self employment). Without earned income, they are not eligible for the "refundable" Earned Income Credit (EIC) or Additional Child Tax Credit.  Both credits are calculated on the amount of earned income you have. No earned income means no "refund". A small amount of earned income means a small refund. The child tax credit does not "kick in" unless you have at least $2500 of earned income. People using Married Filing Separately (MFS) status can not get any EIC.

 

"I  was told by a legal representation .... he can't claim them on his taxes". That depends on when you separated. Did the legal rep also tell you if you are still legally married, you can still file a joint return (MFJ) and that is the best way to file.

 

As stated in the answers above, there is NO WAY to finding out if he already filed the kids, other than asking him.

New Member
Feb 20, 2020 2:42:24 PM

How do I find out if someone else claimed my dependent on their taxes

Expert Alumni
Feb 20, 2020 2:48:16 PM

You usually don't find out until your return is rejected because the social security number has already been used.

Level 15
Feb 20, 2020 2:57:39 PM

@Kieromishijos420  - Read the full thread, particularly the first reply on page 1.

New Member
Feb 25, 2020 9:13:08 AM

So if I e-file with TurboTax, and it shows the file as “accepted”, has it in fact been accepted? Or, can it be rejected later ? I filed on 01/26 and shows accepted as of 01/27 and I’m yet to have received the federal refund of notification that it’s on the way. I’ve already received state. I am worried that her absentee dad may have tried to claim her even though he doesn’t support her in anyway. 

Expert Alumni
Feb 25, 2020 9:35:14 AM

Did you claim the Earned Income Tax Credit or the Additional Child Tax Credit?

 

Taxpayers who claim the Earned Income Tax Credit or the Additional Child Tax Credit may experience a refund hold.

 

According to the Protecting Americans from Tax Hikes (PATH) Act, the IRS cannot issue these refunds before mid-February.

 

The IRS expects the first EITC/ACTC related refunds to be available in taxpayer bank accounts or on debit cards by the first week of March, if they chose direct deposit and there are no other issues with their tax return. Check Where’s My Refund for your personalized refund date.

 

One of the reasons for the PATH act is to give the IRS sufficient time to check to see if dependents are claimed on multiple returns.

 

@Stace

New Member
Mar 3, 2020 2:35:51 AM

There is claim she filed but you can't file if you don't work.  Right!!

Level 15
Mar 3, 2020 3:33:01 AM

@Jwquarles  - She can file and claim the kids without working.  But she will not get any money ("refundable credits) for doing so. But that can  hinder your ability to file.

 

Repeating what's already been said:

1. If somebody claimed your kid, you have to file a paper return to submit a competing claim. The IRS will sort it out.  H

2. If you are the non custodial parent, you claim not claim the kid, without the custodial parent's permission. even if she doesn't work.

3. A child can be the “qualifying child” dependent of any close relative in the household. If the mother lives with her parents, they can claim the kid before you can

Level 2
Mar 8, 2020 3:44:54 PM

If my dependent Is claimed by my ex the irs will still give us both our refunds and then decide on who gets to keep it and who get penalized and has to pay it back? Is this true? I mailed my return in because the efile was rejected but I know I'm entitled to claiming  my son due to the tiebreaker rules. I was under the impression that it would be 8 to 10 months before I see my return. According to a previous post to the question this isn't the case.