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If my ex husband and I are separated and he has tried claiming me last year do i put yes to another taxpayer can claim me as a dependant on their tax return?

I haven't gotten my taxes in 4 years when me and my ex husband separated. We still haven't gotten a divorce and he claimed me and our child as dependents on his taxes the past 4 years but there was proof of living separate. I filed a identity theft advocate and still haven't received my taxes, would it help to say yes to the question "Another taxpayer can claim me as a dependent on their tax return?
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1 Reply
JohnB5677
Expert Alumni

If my ex husband and I are separated and he has tried claiming me last year do i put yes to another taxpayer can claim me as a dependant on their tax return?

Based on what you've written I expect that he is filing Married Filing Jointly.  If that is the case, and you file a tax return claiming yourself as a dependent, it will stop the tax return process.

 

You may have to mail your tax return in because your Social Security Number will be flagged as a duplicate.  Once the IRS processes your mailed return you will both get a notice in the mail stating that your SSN was duplicated.  you will then be able to make your case for your separation.  The IRS will then make a determination regarding your tax filing status.

 

If you had taxable income, and you didn't get any of the refund you can file for "Innocent Spouse" status.

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