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.
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
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.
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
@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.
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.
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)
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
Someone is trying to use claim my child and I need to know how to stop them
@Nafiso1991 wrote:
Someone is trying to use claim my child and I need to know how to stop them
Neither you nor the IRS can stop someone from filing a tax return with your child as a dependent.
How to file your tax return has been answered in this thread. Please read the response from @Hal_Al
This is a user to user forum. You can probably get help from this forum by asking a specific question.
You should ask a fresh question, rather than tagging on here, to get more eyes on your question.
To contact TurboTax (TT) support:
https://turbotax.intuit.com/support/contact/index.jsp
In the search line enter some keywords or question without quotes. On the next page, skip the suggested topic links and scroll down until you see CALL US. It should show the wait times. Week days 5 AM - 5 PM Pacific time. Free support is not available to Free Edition users. You will have to upgrade to talk to a representative.
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What kind of help do you need with your dependent? @JoselineJean28 How do I add or remove a dependent?
I'm trying to stop my family member from filling me this year.
@Monkey 6 wrote:
I'm trying to stop my family member from filling me this year.
Then tell them not to if you are not eligible to be claimed as a dependent. No one can stop someone else from filing a tax return with a dependent being claimed, rightly or wrongly.
Ya but you do not stay with them.you are on your on in your own house.
They are getting the money and not given you nothing got filling you.
@Monkey 6 -This is usually real simple; you can't stop them and you don't even try to stop them. What you do is file a correct tax form and let the IRS sort it out.
If someone else claimed you, as a dependent, 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 yourself, if 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 exemption 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 exemption, 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.