How do I obtain an IP Pin for my minor/dependent?

[Irene2805]

The  IRS Identity Protection (IP) PIN is a six-digit number assigned to eligible taxpayers and their dependents to help prevent the misuse of their Social Security number on fraudulent federal income tax returns. You can use the IRS online tool Get an IP PIN or visit Retrieve Your IP PIN for more information.

@Daughtry061458

[Slimbtz]

So were you then able to file and get your return? 

[duanekelly2007]

Now you get it immediately online.  No more mailing a letter. 

[imstan]

I've read all the posts on this thread, but you all fail to realize that the IRS IP PIN number form that you keep quoting only applies to the person requesting it. I need to get one for my daughter. I lived in the same house as my daughter lives for 9 months of 2020. I paid all the utilities, rent, etc. while living there. When I moved out on September 28th, I continued to pay all the utilities, rent etc till October 31. Then I moved to my own place and started paying child support and alimony payments required by the State of Pa. 

I claimed my daughter as a dependent as I've lived in the same house as she has for all of her life. I've been legally separated from her mother since Jan. 1, 2019. I've claimed her as my dependent for the past 3 years on my taxes, while the divorce proceedings drag on. I've received the Child Stimulus check every time they've sent it out. 

This year the ex in a more determined way to extract more money from me in any way she possibly can fraudulently (I believe) claimed our daughter on her taxes for 2020 and she filed her taxes before me. She makes less than half of what I bring home yearly (which was the reason why I want a divorce, even though she has two college degrees, she refuses to get a job and I'm tired of working three jobs for the last 30 years to make ends meet). So when I used TurboTax again this year, I e-filed and it was rejected because they said someone (HER) already claimed my daughter on their taxes. I had to print out the taxes I filled out with TurboTax and mail them in and that was 2 months ago. 

I read somewhere, either here on TurboTax or online that if I have a copy of her birth certificate (which I do) and I'm listed as the father, have her SSN (which I do), her name, etc. that I can obtain an IP PIN number so that I can prove that my daughter is rightfully mine.

After reading everything I can here and at IRS.GOV, I should qualify for the Custodial parent for 2020 as I lived in the same house for more than 6 months and I make more money than her mother. The only thing against me is that she filed her taxes before I did (which is odd, because in most of the years we were married and living together (and she does have a degree in accounting) she could never get all of the information together before April 15th so we always had to file an extension).

So, my questions are:

1. Is it possible for me to obtain an IP PIN number for my daughter to prevent my soon to be Ex or anyone else from claiming my daughter?

          1a. What link can you provide me that takes me right to that page so that I can actually put in my                                daughters information and send off a copy of her birth certificate?

2. Do you think I stand a chance to be the custodial parent for my daughter?

3. Since I no longer live in the same house as my daughter, but I pay child support and alimony and her mother's car payment (which is in my name, but I let her use it) and all the bills that she racked up with the credit cards that she took out in my name (Unknown to me till I read my credit reports); can I claim her next year and every year till she turns 18?

Thanks for any help

imstan

[macuser_22]

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@imstan wrote:

3. Since I no longer live in the same house as my daughter, but I pay child support and alimony and her mother's car payment (which is in my name, but I let her use it) and all the bills that she racked up with the credit cards that she took out in my name (Unknown to me till I read my credit reports); can I claim her next year and every year till she turns 18?

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Only the parent who the child physically lived with the most nights in 2020, but at least 183 nights) is allowed to claim the child unless they release the dependent with a signed 8332 form.

Child support makes no difference.

Here are all the rules that cover this.

Custodial Parent

[Note: Unless the parents have been separated at all times during the last 6 months of the year, these rules do not apply.]

See “Children of divorced or separated parents or parents who live apart” in IRS Pub 501 for full information.

https://www.irs.gov/publications/p501#en_US_2020_publink1000220904

This assumes that the child is under age 18 (in most states).  Once the child becomes an adult (Emancipated child), custody becomes mute and these rules no longer apply.(See examples 5 & 6 in Pub 501 for more information)

There is no such thing in the Federal tax law as 50/50, split, or joint custody. The IRS only recognizes physical custody (which parent the child lived with the greater part, but over half, of the tax year. That parent is the custodial parent; the other parent is the noncustodial parent.)

Who can claim the exemption and credits depends on who is the custodial parent. (By the IRS definition of custodial parent for tax purposes - this is not the same as the legal custody that a court might grant.).

The test that the IRS uses to determine the custodial parent is where the child lived for more than 1/2 (or greater part) of the year. The IRS will go so far as to require counting the nights spend in each household - that person is the custodial parent for tax purposes (if exactly equal and more than 183 days - The custodial parent is the parent with the highest AGI, if less than 183 days then neither parent has custody so the child cannot be claimed by either parent). And yes they are that picky.

See Custodial parent and noncustodial parent  in Pub 501

https://www.irs.gov/publications/p501#en_US_2020_publink1000220904

Only the Custodial parent can claim: (Child would be listed as non-dependent EIC & CC only)
-Head of Household
-The Earned Income Credit
-The Child and Dependent Care Credit
-The Health Coverage Tax Credit

The non custodial parent can only claim: (Child would be listed as dependent)
- The child as a dependent
- The Child Tax Credit or credit for other dependents

But only if specifically specified in a pre-2009 divorce decree, separation agreement or the custodial spouse releases the exemption with a signed 8332 form - after 2009 the IRS only accepts a signed 8332 form that must be attached to the non-custodial parents tax return.

Note. If you are the non-custodial parent filing your return electronically, you must file Form 8332 with Form 8453, (U.S. Individual Income Tax Transmittal) for an IRS e-file Return. See Form 8453 and its instructions for more details. This must be done within 3 days of your e-filed return being accepted by the IRS.

This does NOT mean that the custodial parent can ignore any Decree or court order allowing the non-custodial parent to claim the exemption - they can be required to issue the 8332 form. They could be required by the court to do so or be in contempt.

[marilyndg77]

How do I get an IP pin for my dependent

[DoninGA]

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@marilyndg77 wrote:

How do I get an IP pin for my dependent

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Go to this IRS website for how to get an IP PIN - https://www.irs.gov/identity-theft-fraud-scams/get-an-identity-protection-pin

[Zellajackson67]

I need to know how to file for the id protective pin for my granddaughter who has been living with me since 2015, dont know where mom is and my son new wife thinks its ok to file her and they dont even help me with her. They live in a hold other state from us. Please help me with this

[DoninGA]

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@Zellajackson67 wrote:

I need to know how to file for the id protective pin for my granddaughter who has been living with me since 2015, dont know where mom is and my son new wife thinks its ok to file her and they dont even help me with her. They live in a hold other state from us. Please help me with this

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Go to this IRS website to apply for an IP PIN - https://www.irs.gov/identity-theft-fraud-scams/get-an-identity-protection-pin

[Muckboibudd]

my baby mother is claiming my child but she live with me its been goin on for years but i can get no help on this issue

[Muckboibudd]

my baby mother is claiming my child but she live with me its been goin on for years but i can not get help on this issue

[DavidD66]

If someone else claimed your dependent, and has already e-filed, you will have to file a paper return in order to claim the dependent.  The IRS will then contact you and the person that already claimed your dependent, ask for information, and determine which one of you has the right to claim the dependent.  If you want to go ahead and file your return electronically, you will have to do so without claim the dependent.

[Christine47]

My granddaughter and her 2 children has lived with me for 4 years,they lived here with me rent free and I provided a home for them.i have used them for dependents for 3 years,she moved out 01 05/2022 and now she filed her taxes using them for dependants for 2021,i also claimed them on my tax return and was rejected. what can i do?

[Christine47]

what type of proof will i need to prove they lived with them and took care of them?

[ColeenD3]

In such situations, the IRS has created tiebreaker rules, when two persons potentially have the right to claim a dependent.

If you cannot agree, the IRS has tiebreaker rules that would apply and she would win the argument with the first rule highlighted below. However, even though your daughter would be able to otherwise claim the Earned Income Credit (EIC) for the children, if she is also your qualifying child, she is not allowed to take the credit (Qualifying Child rules at the bottom). If your daughter's income is higher than yours, you may not claim the children for EIC.

This is not an easy topic. If you have any other questions regarding this, please feel free to post them in the comment section. 

• If only one of the persons is the child's parent, the child is treated as the qualifying child of the parent.
• If the parents file a joint return together and can claim the child as a qualifying child, the child is treated as the qualifying child of the parents.
• 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 a 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.
• If no parent can claim the child as a qualifying child, the child is treated as the qualifying child of the person who had the highest AGI for the year.
• If a parent can claim the child as a qualifying child but no parent does so claim the child, the child is treated as the qualifying child of the person who had the highest AGI for the year, but only if that person's AGI is higher than the highest AGI of any of the child's parents who can claim the child. If the child's parents file a joint return with each other, this rule can be applied by treating the parents' total AGI as divided evenly between them.

Qualifying child rules:

• They are related to you.
• They aren't claimed as a dependent by someone else.
• They are a U.S. citizen, resident alien, national, or a Canadian or Mexican resident.
• They aren’t filing a joint return with their spouse.
• They are under the age of 19 (or 24 for full-time students)
•  There is no age limit for permanently and totally disabled children.
• They live with you for more than half the year (exceptions apply).