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Tax Year Prior to 2020: What to do if someone else claim my son on thier incom tax without my permission
someone has stolen my son idenity and mines what do i do
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If someone else claimed your 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.
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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
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All you have to do is file your tax return. You claim your dependent and what ever tax benefits that dependent entitles you to (Child tax credit, earned Income credit, day Care credit, exemption, Head of Household filing status). The only thing you have to do different is mail a paper return. You cannot e-file.
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