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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

johzerrius2010 — Thu, 11 May 2023 19:33:06 GMT

someone has stolen my son idenity and mines what do i do

How can I stop someone else from claiming my kids? Is the...

only1sexyblack — Fri, 07 Jun 2019 21:53:30 GMT

How can I stop someone else from claiming my kids? Is there a form I can fill out to prevent this from happening?

No. All you can do is file your own return. On paper, if...

Hal_Al — Fri, 07 Jun 2019 21:53:30 GMT

No. All you can do is file your own return. On paper, if necessary.

When you send the paper return do you have to send a note...

vanidosa27 — Fri, 07 Jun 2019 21:53:32 GMT

When you send the paper return do you have to send a note saying that the return rejected due to someone else claiming the dependents?

No. Just mail the regular forms

Hal_Al — Fri, 07 Jun 2019 21:53:34 GMT

No. Just mail the regular forms

If this is a case of some other known person, claiming yo...

Hal_Al — Fri, 07 Jun 2019 21:53:36 GMT

If this is a case of some other known person, claiming your and/or your child's tax exemption, rather than actual identity theft, it should be handled differently.

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.

yes i would like to know where can i go at to find out wh...

vonettagadson — Fri, 07 Jun 2019 21:53:37 GMT

yes i would like to know where can i go at to find out who file my child without my permission

The IRS will not tell you that. The usual suspects are: 1...

Hal_Al — Fri, 07 Jun 2019 21:53:39 GMT

The IRS will not tell you that.
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

Excuse me. But I had the same problem. I found out throug...

hernandezposas93 — Fri, 07 Jun 2019 21:53:40 GMT

Excuse me. But I had the same problem. I found out through the electronical-email that she was claimed already. I am the costudial parent! I filled out the 3949-A form to report the person. Now I sent also a copy of the letter that I got back from the electronic email stating that I couldn't get to claim my daughter because she was already some ones dependent. So do you think I sent the right papers or no??

No. That may make trouble for the other person (probably...

Hal_Al — Fri, 07 Jun 2019 21:53:41 GMT

No. That may make trouble for the other person (probably not) but it's not going to get you what you want.
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.

Me and my son dad have a 8332 and his taxes wss rejec...

carlasnow22 — Fri, 07 Jun 2019 21:53:43 GMT

Me and my son dad have a 8332 and his taxes wss rejected someone has claim our son

form 8342

shi-jones1005 — Fri, 07 Jun 2019 21:53:44 GMT

form 8342

But what happen if the custodial parent give the father t...

kuku-ctc — Fri, 07 Jun 2019 21:53:46 GMT

But what happen if the custodial parent give the father the right in file the try to tell irs she didnt give the non custodial parent the right ?

You lose. The IRS requires the custodial parent to give t...

Hal_Al — Fri, 07 Jun 2019 21:53:47 GMT

You lose. The IRS requires the custodial parent to give the non-custodial parent permission, in writing, on IRS form 8332. If you do not have a signed form 8332, you never had permission.

What happens if your support agreement says the non custo...

JSchn757 — Fri, 07 Jun 2019 21:53:49 GMT

What happens if your support agreement says the non custodial parent claims the child every other year? The judge ordered this with the pretense that her father would see her during the year he has still not seen her in 3 years filing for 2 based on the court order because I didn't want to get into trouble for claiming her. Should i be claiming her?

Yes & no. If there is a court order giving the exemption...

Hal_Al — Fri, 07 Jun 2019 21:53:50 GMT

Yes & no. If there is a court order giving the exemption (dependency) to the other parent, you should obey the court order. However, you are still allowed to claim the child for certain tax benefits. There is a special rule in the case of divorced & separated (including never married) parents. When the non-custodial parent is claiming the child as a dependent/exemption/child tax credit; the custodial parent is still allowed to claim the same child for Earned Income Credit, Head of Household filing status, and day care credit. This "splitting of the child" is not available to parents who lived together at any time during the last 6 months of the year; then only one of you can claim the child for any tax reasons. The tax benefits may not be split in any other manner.

Note in particular that the non-custodial parent can never claim the Earned Income Credit, Head of Household filing status or the day care credit, based on that child, even when the custodial parent has released the exemption to him. You should probably let him know if you will be claiming these items so he doesn't try.
Ref: <a rel="nofollow" target="_blank" href="http://www.irs.gov/publications/p17/ch03.html#en_US_2014_publink1000170897">http://www.irs.gov/publications/p17/ch03.html#en_US_2014_publink1000170897</a>

what if a person claims his girlfriends kids and they are...

jonelle_meyer — Fri, 07 Jun 2019 21:53:52 GMT

what if a person claims his girlfriends kids and they are not married and they are not his kids and she did not allow him to and when she filed for 2015 her taxes was rejected and has not filed yet

The answer is the same. She needs to send in a paper ret...

Hal_Al — Fri, 07 Jun 2019 21:53:53 GMT

The answer is the same. She needs to send in a paper return. It is not too late to file a 2015 return. If she claims her kids, it will trigger an IRS "audit" of his return. If she has no income, then her boyfriend doesn't need her permission, if he meets the dependency rules, mostly that he lived with the children all year. However he can't claim them if she sent the biological father permission on IRS form 8332.
The child may qualify as the boy friend's dependent, but because he is not related, he cannot be a qualifying child for the earned income credit, child tax credit or Head of Household filing status.

My daughter's boyfriend claimed her kids with out her per...

barbaragnzlz — Fri, 07 Jun 2019 21:53:55 GMT

My daughter's boyfriend claimed her kids with out her permission in 2015. I claimed her but did not claim the kids because of it. What can we do to report him and attempt to get that money since it was from the previous year?

You file an amended 2015 return claiming the kids. That w...

Hal_Al — Fri, 07 Jun 2019 21:53:56 GMT

You file an amended 2015 return claiming the kids. That will send the IRS after the boyfriend to make him pay back what he got. They will send you an additional refund based on your claiming the kids. At some point you may have to prove the kids lived with you.
Filing a return (in you case an amended return) will accomplish both of your purposes: 1. report him & 2. Get you that money