How can I stop someone from claiming my dependent on their tax return? They use this site as well.
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New Member

How can I stop someone from claiming my dependent on their tax return? They use this site as well.

 
10 Replies
Level 15

How can I stop someone from claiming my dependent on their tax return? They use this site as well.

You cannot ... just file your return correctly and if the child has already been claimed you will  mail in your return along with a form 14039 to report the usage. 

Level 15

How can I stop someone from claiming my dependent on their tax return? They use this site as well.

You cannot stop someone from completing and filing a fraudulent or incorrect tax return.

All you can do is correctly complete and file your tax return.  If the individual files a return and it is accepted by the IRS before you e-file your tax return, then your return will be rejected for e-filing since a return with the Social Security number of the dependent has already been entered into the IRS systems.  You would have to print and mail your tax return to the IRS and include the dependent on your tax return.  If you are owed a tax refund the IRS will send you the refund.

Within a year the IRS will notify each taxpayer requesting that they need to amend their tax returns if they incorrectly claimed the personal exemption of the dependent.  If neither taxpayer amends their returns then the IRS will again notify each party that the IRS will require proof that the taxpayer was eligible to claim the dependent.  You should respond immediately with the proof that is requested by the IRS.  The party that was in the wrong will have to repay any tax refund and also pay penalties and interest on the taxes owed.

If you know who the other party is claiming the dependent incorrectly, you may want to let them know the consequences for doing so.

If this is a matter of identity theft then you can complete an IRS Form 14039 Identity Theft Affidavit, so in the future an Identity Protection PIN would be required with the tax return that is claiming the dependent's personal exemption.  Go to this IRS website for Form 14039 - https://www.irs.gov/pub/irs-pdf/f14039.pdf

New Member

How can I stop someone from claiming my dependent on their tax return? They use this site as well.

How do I stop someone claming my child

 

Level 15

How can I stop someone from claiming my dependent on their tax return? They use this site as well.

Read the prior answers.  You can't.  If someone files before you then your return will reject.  Then you will have to print and mail  your return.  The IRS will send you both letters to determine who can claim your child.

New Member

How can I stop someone from claiming my dependent on their tax return? They use this site as well.

Hello my name is Keyshara [last name removed]  someone has been claiming my child Steven [last name removed] On there tax return. I have had full cusdody  please do allow no one file my son. please call me @[phone number removed] thanks

 

Level 15

How can I stop someone from claiming my dependent on their tax return? They use this site as well.


@keysharaj93 wrote:

Hello my name is Keyshara Jones  someone has been claiming my child Steven Owens Jr On there tax return. I have had full cusdody  please do allow no one file my son. please call me @[phone number removed] thanks

 


No one, not even the IRS or your state can prevent anyone from entering someone as a dependent on their tax return.

Just e-file your tax return with the dependent entered.  If the e-filed tax return is rejected because someone else used the Social Security number on their tax return you will have to print and mail the tax return.

The IRS will sort it out within a year by requesting information from both you and the other party to prove they can claim the dependent on the tax return.  The losing party has to pay back any refund based on the dependent plus penalties and interest.

Level 15

How can I stop someone from claiming my dependent on their tax return? They use this site as well.

@keysharaj93 

 

OMG ... do NOT ever  post PII on a PUBLIC forum where scammers troll for marks.  

Level 3

How can I stop someone from claiming my dependent on their tax return? They use this site as well.

you may not be able to e-file if the person claiming the child files before you. then you'll have to mail in your return. use a method where you get proof of delivery.  if you haven't claimed your child for 17 18 and 19 because of this issue you can file amended returns. submit form 14039 Identity theft with your 2020 return.

 

 

what will likely happen is both you and the other party will get a notice asking each to amend your return. if neither does, then the IRS sends out a second notice to each asking for proof that you are entitled to claim, proof would include school and medical records, affidavits from neighbors, and even a picture of the child's room with the child. based on this the IRS makes a decision, the winner gets to claim the child the loser gets a bill. 

 

Level 15

How can I stop someone from claiming my dependent on their tax return? They use this site as well.

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. 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 IRS goes by physical custody, not legal custody. 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 (audit discussion)

http://taxes.about.com/od/dependents/qt/Dependents-Audits.htm

www.eitc.irs.gov/EITCCentral/f886-h-dep.pdf (full dependent discussion including audit section)

Level 10

How can I stop someone from claiming my dependent on their tax return? They use this site as well.

If your child is a victim if Identity Theft, you can report that to the IRS and they will mail you a special PIN that is required to file your tax return.  Someone that does not have that PIN can not claim your child as a dependent on an e-filed return.

https://www.irs.gov/newsroom/taxpayer-guide-to-identity-theft

 

There is also a new voluntary opt-in PIN that does the same thing starting for your 2020 tax returns.   The IRS won't have it ready until mid-January, so whether or not it will work out well for this year or not is questionable.

https://www.irs.gov/identity-theft-fraud-scams/get-an-identity-protection-pin

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