Hello! Me and my husband havent filed for 2020 yet because my daughter got claimed by my first husband. And he needed to find a free website to file since our usual tax site started charging...anyways i know its horrible excuses but my question is, should we still fight to claim my daughter on our taxes since they are late or should we just forget about it and let it be? Her dad doesnt deserve the extra money he got.
If someone else claimed a child that you are legally able to claim then you need to print, sign and mail your tax return that claims the child. You will not be able to e-file since the child's Social Security number has already been used in the system. But mailed returns are processed differently, so you can claim the child and let the IRS sort it out.
If you qualify to use it, there is another full-featured free version of the software:
Try Free File:
You qualify if your income was $39,000 or less, or $72,000 or less if active duty military, or if you qualify for Earned Income Credit
Note: If you do not qualify to use Free File then you will have to upgrade to Deluxe or higher in the paid versions of the software.
Online Deluxe $60 State software $50
Or—-Use this IRS site for other ways to file for free
If she qualifies as your dependent you can claim her but you will have to print and mail your return if your ex already claimed her. Then the IRS will investigate to determine who can claim her.
If you don't claim her you can try to efile until Oct. 15, 2021. After Oct 15 you will have to print and mail returns. If you are getting a refund you have 3 years to file to claim it.
If you are using the Online version, Online will shut down soon after Oct. 15, 2021. So finish and file by then or you will have to switch to the Desktop program.
Fill out the return and claim the daughter. You will not be able to e-file since your daughter's social security number will already be used and the IRS will reject is you e-file.
Instead print out the return, sign in ink, add any supporting documents, add a letter explaining that your ex-husband claimed the child and should not have claimed her.
The cover sheet of the printout will have a list of documents to send with the return and the address to mail it. Take it to the post office and send it so that you will have a notice when the IRS gets it.
The IRS will get to your return and determine if you will get the refund and he will have to return the money to the IRS. It will probably take a very long time, possibly a year. The IRS is very far behind in processing returns due to COVID and tax law changes.
You obviously don't urgently need your refund. So I would file by mail and claim your daughter to get your full refund amount, instead of taking her off and e-filing, in order to get the smaller part of your refund sooner. You may want to use a mailing service that includes tracking and proof of delivery.
And, you will want to start assembling proof that you are entitled to claim your child as a dependent for 2020. In most cases, the dispute will be over which home did the child spend the most number of nights in 2020. To show the IRS that your child lived in your home more than half the nights of the year, the best evidence is letter from third parties showing your child lived in your home -- like letters from her doctor and dentist confirming appointments, or letters from school confirming bus routes or confirming that you have custody most days.