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If you already verified that you have entered the correct social security numbers, you'll need to paper file your return as the IRS will continue to reject your attempts to e-file.
Then, if you know who claimed your dependent, ask them to amend their return by removing the dependent from their tax return. Amendment processing can take weeks, even months, which is why it's best to paper file your return in the meantime.
If the other taxpayer is uncooperative, the IRS will eventually contact both of you to figure out who gets to claim the dependent. The losing party will then be liable for any additional taxes, penalties, and/or interest as a result of the false claim.
Important: If you suspect identity theft, please contact us for further investigation. Read more here.
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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 children as appropriate. The IRS will process your return and send you your refund, in the normal time. Shortly thereafter, you'll receive a letter from the IRS, stating that your child(ren) 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 not do anything. The other party** will get the same letter you do. If one of you doesn't file an amended return, unclaiming the child(ren), 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.
**The usual suspects are:
If you already verified that you have entered the correct social security numbers, you'll need to paper file your return as the IRS will continue to reject your attempts to e-file.
Then, if you know who claimed your dependent, ask them to amend their return by removing the dependent from their tax return. Amendment processing can take weeks, even months, which is why it's best to paper file your return in the meantime.
If the other taxpayer is uncooperative, the IRS will eventually contact both of you to figure out who gets to claim the dependent. The losing party will then be liable for any additional taxes, penalties, and/or interest as a result of the false claim.
Important: If you suspect identity theft, please contact us for further investigation. Read more here.
___________________
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 children as appropriate. The IRS will process your return and send you your refund, in the normal time. Shortly thereafter, you'll receive a letter from the IRS, stating that your child(ren) 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 not do anything. The other party** will get the same letter you do. If one of you doesn't file an amended return, unclaiming the child(ren), 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.
**The usual suspects are:
Someone used my childs SSN. I've checked and confirmed that the number is correct. Denied 2or 3 times for this reason.
@timd309 When you have that problem the ONLY way you can file your return is to print,, sign and mail your return that claims your children. You cannot e-file. The IRS will sort out who could claim the children.
When you mail a tax return, attach any W-2's or 1099's that show tax withheld. Sign it in ink and date it. Use a mailing service that will track it --like certified mail -- so you will know the IRS received it.
Federal and state returns go to different addresses.
What can I Do about someone falsely using my grand signs Social Security numbers for their taxes. In 2019
If you want to claim him you will have to print and mail your return. See the post right above your post.
Any idea how long something like this takes to play out, assuming all parties respond in a timely manner? I’m sending out my paper filing tomorrow because someone used my child’s SSN (already confirmed no family members did this) and just wondered on the timeline of when to expect communication to verify.
It depends. The IRS may take up to 120-180 days to resolve identity theft issues but could take longer depending how complex the case is. Please view this IRS guide for additional information. Also, here is an excellent reference from the Social Security Administration.
My ex claimed my two biological children and said since I did not pay him 500 dollars he did it
If they lived with you for more than 6 months, you are entitled to claim them. You will just need to print and mail your return, then the IRS will manually process your return and readjust his return if he is not entitled to claim them. First "dibs" goes to the child's biological parents.
Someone cannot claim a dependent for payment of a back debt.
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