How can I report someone else claiming my child?

i had custody of my daughter since 03 2018 am i allowed to clamimm her as my dependant

Please click this IRS link for information on how to report fraud:  

https://www.irs.gov/individuals/how-do-you-report-suspected-tax-fraud-activity

If your return was rejected because someone else already claimed your child, you will need to mail your tax returns this year.  Once the IRS receives your return, they will send out paperwork to both you and the other person who claimed your child to determine who should be claiming him/her.  Once you prove you are the rightful claimer, they will issue the refund to you and rescind it from him. 

I need to report someone who has falsely claimed a child dependant 

Please refer to Rachel_W's answer above.  

I encountered this issue when claiming my granddaughter. Her father had already claimed her. To keep it simple, he did not provide more than half of her support. Parents are not married and he does not even live in the same state. When my taxes got rejected. I was asked to mail them in by TurboTax, but when I found out that he indeed claimed her, I removed her and sent the claim in thinking I could handle it afterwards. Can I still report him?

My 3 daughters hace been in my custody without the father for over 3 years. I filled my taxes for 2019 and was informed he already claimed then. One if my daughters is not his and he got money for her on his stimulus check he never gave me a dime of the money and never told me he filed im trying to get help with this situation. Ive been the primary caregiver and he received money for children that do not live with him or that doesnt belong to him 

The best thing for you to do, is to leave your daughters on your tax return and file it by mail.  The IRS will then send letters late in the year to you and to anyone else who has listed them on their tax return requesting support for the claim that they are the dependents of the filer.  

The IRS will process the return that you have filed as you have filed it. 

The IRS will then adjust the incorrect tax return and that taxpayer will be responsible for paying back any refunds that should not have been paid, plus penalties and interest.  If certain credits are claimed on the return, such as the Earned Income Credit, the taxpayer can be barred from claiming this credit for up to ten years. 

They IRS will not give you any information about the other person's tax return, but if the girls are your dependents your return will not be altered.  

@Staciej32

My ex also stole taxes and stimulus. Pays no support. Is not primary custodial parent.

Ive already filed on here and it was accepted. I did not know of the other way until now i just filed a claim 

"The IRS will then send letters late in the year to you and to anyone else who has listed them on their tax return requesting support for the claim that they are the dependents of the filer."

What do you mean by "late in the year"? This is my situation as well, however I've already resent my taxes via postal mail with all the documents needed to prove my 3 grandkids are my dependents. An ex falsely and fraudulently used noncustodial kids by lying on his taxes.

Side note question: My State was being held as well but I did get a paper refund which leads me to believe my Federal were accepted. I am under the impression State wouldn't be paid unless Federal was approved. Am I correct?

When someone else claims your dependent, the IRS provides the following steps:

1. File a paper return
   • Prepare paper tax return.
   • Claim your dependent(s).
   • Mail the completed tax return to the IRS.

   Your refund will be delayed while we investigate your case. Paper tax returns can take up to six to eight weeks for us to process.
    

2. You need to prove you’re entitled to claim the dependent
   • This Form 886-H-DEP provides a comprehensive list of supporting documentation to assist in resolving your case. Secure copies of birth certificates, proof of identity and documents that show your dependent lived with you at the same address for more than half of the calendar year.
   • Recordation such as school, medical, daycare, or social service records on official letterhead from a school, medical provider, social service agency, or place of worship that shows names, common address and dates.
   • If you receive a CP75A Notice, it means we're investigating the information you’ve provided and need additional documentation to verify the dependent exemption(s) and filing status you claimed on your tax return.
      
3. Answer when the IRS contacts you

   About two months after you file a paper return, we’ll begin to determine who’s entitled to claim the dependent.

   You may receive a letter (CP87A) from us, stating your child was claimed on another return. It will explain what to do, either file an amended return or do nothing.

   The person who claimed the dependent will get the same letter. If one of you do not file an amended return that removes the child-related benefits, then you may be audited by us to determine who can claim the dependent.

   In that case, you’ll get a letter in a few months to begin the audit. In the audit, we’ll require you to provide proof that you’re entitled to claim the dependent. Be sure to reply completely and by the response deadline. After we decide the issue, we’ll assess any additional taxes, penalties, and interest on the person who incorrectly claimed the dependent.

The IRS has temporarily suspended the manual processing of paper returns and forms while they process stimulus payments. They are also not accepting phone calls at this time. Due to stimulus processing, the IRS has halted these services. You will have to be patient and wait for the IRS to reopen all operations and get caught up.

Claiming Dependents

Someone claimed my daughter and I told them not to...how can I report them? Also is her brother allowed to file her on his taxes? He is in the military but he was helping me take care of her while he was in Basic and AIT...he entered the service in August...so for the past 4 months he was helping me take care of her

@Juicy16  The IRS has a short quiz you can take to see if anyone was eligible to claim your child besides you. I would:

1. look first at the Worksheet for Determining Support.
2. Take the quiz as if you were the person who claimed her. Take it again as if you are the brother. It is anonymous, Take it at Whom May I Claim as a Dependent?

The dependency test has 7 requirements that vary depending on child or qualifying relative.

If you or the brother should be claiming and not "someone", then the rightful person will need to mail a return with the correct paperwork. The full instructions are in the post right above yours.

How can I report someone else claiming my Child

My kids father claimed my son who lives with me most of the year. He has no child support order,  but he gives me $200-$400 a month for 2 kids that are with me 85% of the year. And to top it off! He didn’t give me a heads up so I filed my taxes and they were rejected! How can I stop him from claiming my son? This is ridiculous!! 

You will have to print and mail in your return.  Include a letter of explanation outlining why you should be able to claim the child as a dependent.  The IRS will review the situation and decide who is able to claim the child for the purposes of head-of-household status, and credits.

One of the tie-breaker rules the IRS uses is:

If the parents don't file a joint return together but both parents claim the child as a qualifying child, the IRS will treat the child as the qualifying child of the parent with whom the child lived for the longer period of time during the year. If the child lived with each parent for the same amount of time, the IRS will treat the child as the qualifying child of the parent who had the higher adjusted gross income (AGI) for the year. [IRS Pub. 501, p. 16]

For more information, please see IRS Pub. 501 - Dependents, Standard Deduction, and Filing Information

Someone has misused my daughter identity and filed them on their taxes in2019 and 2020

You must file by mail -  your return & refund should be processed. 

Unfortunately, you will have to file your return by mail. Once a person's SSN (your child's in this case) is used on an e-filed return, the IRS will not allow it to be used on another e-filed return

See How do I print and mail my return in TurboTax Online? for instructions.

Later in the year, the IRS will send you and whoever else claimed the child separate letters asking for proof of who was entitled to claim your children on their tax return. They will provide instructions on what you need to send as proof. 

I know this lady she has 4 kids that dfac took and gave to her sister.

       This been going on 6 years she been claiming these kids and not doing nothing for them she file taxes and stimulus for them. Theses kids need stuff and the sister doesn’t know.

You can report someone who is involved with tax fraud, and you may even get a reward. You can learn more about that here:

https://www.irs.gov/compliance/whistleblower-informant-award

It is detailed in IRS publication 5251 here:

https://www.irs.gov/pub/irs-pdf/p5251.pdf

Need to report that someone has claimed my son and my daughter last year what can i do about this? They lived with me and ive been claiming them so what can i do about this?

There really isn't a need to report it, per se.  Just file your return, claiming your daughters, by mail. 

Unfortunately, you won't be able to e-file due to limitations of the e-file system.  

The IRS will process your return with your children listed as your dependents as filed, upon receipt.   Later in the year, typically a month or so after the extension deadline (October 15, 2021) the IRS computers begin running a variety of matching programs.  At that time, letters are sent to all taxpayers who list the same dependents on a return asking them to amend if the dependents do not meet the criteria for dependents. 

If no taxpayer submits an amended return to remove duplicate dependents, then the IRS again sends letters asking for certain documentation to support that the dependents should be claimed by the taxpayer.  They will tell you which specific documents they require at that time and tell you where to submit the documents.  

After determining which return has the right to claim the dependents, the IRS will remove the dependents from the return(s) that are not entitled to claim them, and issue a bill to the taxpayer(s) for the amount of the tax and any penalties and interest owed as a result of the claim.  If certain credits are claimed that should not have been, the taxpayer may be barred from taking those credits for a period of up to ten years, even with other dependents. 

The IRS will not share with you any information about any other taxpayer who may have claimed the children.   

What do I do if I removed my son from my return and Efiled my taxes, then I got the court document stating I am the only one who is legally allowed to claim him? What do I do?

You can file an amended return claiming your son and your ex-spouse will need to do the same removing him as their dependent. The beauty is that you can efile your amended returns this year.

The only issue I see is did you get that order in 2020 or 2021? If you received in 2021 and if it doesn't specify dependency conditions in an earlier year, your claim for dependency could be lost for 2020.