Can I change my kids social security number if they are being filed on someone else's tax return without my permission

[xmasbaby0]

"Change" your children Social Security number? Please explain what you mean by that.

[Opus 17]

Changing an SSN is complicated, you would have to apply at the Social Security Administration.

If you want an IRS way to stop them from being claimed, you can file a form 14039-T for identity theft.  If the IRS accepts the form, they will issue an Identity Protection PIN code for your dependents, and a tax return can't be e-filed without it.  The IP Pin changes every year and is mailed to you in December.

If you are having a problem this year, print your return and mail it in.  Don't change your dependents if you are allowed to claim them.  The IRS will investigate and figure it out.

[Barakadickerson 1981]

I also would like to know this because I'm having this problem.. .

[xmasbaby0]

@Barakadickerson 1981 If someone claimed your child on a tax return and they are not the person who can claim the child then you need to prepare your own return that claims your child and print, sign and mail your return.   The IRS will process your return, and then in about a year, you and the other person will receive letters from the IRS.   At that time you will provide your proof to the IRS that you are the one who can claim the child.   A person who claimed the child incorrectly or fraudulently will face repayment of the child-related credits and penalties.

When you mail a tax return, you need to attach any documents showing tax withheld, such as your W-2’s or any 1099’s.  Use a mailing service that will track it, such as UPS or certified mail so you will know the IRS/state received the return.

Federal and state returns must be in separate envelopes and they are mailed to different addresses.  Read the mailing instructions that print with your tax return carefully so you mail them to the right addresses.

[Mike9241]

because you're requesting a new SS number rather than just a replacement card (with same SSN), contact the SSA to set up an appointment. it can't be done online.  they should tell you what official documents you must bring to prove the child's identity and that (s)he exists.  

https://www.ssa.gov/agency/contact/phone.html 

[Mrsroyal77]

So will both of us receive money for the kids 

[GeorgeM777]

No, you cannot change or substitute social security numbers for your children even though someone else has decided to claim them as dependents. 

As a way of background, the person who can claim a dependent child is generally the custodial parent.  For tax filing purposes, the IRS adheres to federal laws for dependent deductions.  In this regard, if you and for example your ex-spouse, file your respective returns and you each claim the same child, the dependency exemption reverts to the custodial parent.

If you are certain that you are the custodial parent, and are entitled to claim the children, you can go ahead and file your return with your children listed as dependents.  If your return gets rejected because the other party filed before you and claimed the children, then you could file a paper return, claim your children, and include with your return any documentation you feel supports your claim.  Be prepared to get additional requests for information from the IRS.

@Mrsroyal7

[Teshia1985]

Somebody use my 3son social security number without my permission 

[Mike9241]

see this link to the Social Security Adm link to identity theft. then you'll need to contact them to see if you can get new numbers.

I can't say for sure but the SSA pamphlet warns that new numbers may solve some issues but create new ones. 

https://www.ssa.gov/pubs/EN-05-10064.pdf

Unfortunately, there's not much that can be done for 2021. You will not be able to e-file. your return will have to be mailed. include form 14039 with your return.

https://www.irs.gov/pub/irs-pdf/f14039.pdf 

[NCperson]

@Teshia1985 

if you are trying to file for 2021, then just paper file  The IRS will figure it out

for the future, set up a PIN.  With a PIN, only the person who knows the PIN (presumably only you) can efile using your childs SSN. 

if the return is paper filed without the PIN, it is going to go through a lot of scrutiny because the IRS knows there should have been a PIN and the more likely case is you efiled return will have been processed before the paper return in any event. 

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

[Hal_Al]

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 Months). 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.   

References:

https://www.thebalance.com/claiming-same-dependent-audit-risk-3193030

www.eitc.irs.gov/EITCCentral/f886-h-dep.pdf