My mother claimed me and my 2 children for the last 5 years even though we havent lived witb her

[janjan469]

My mother owed the irs sone money so she decided to claim me and my 2 kids over the last 5 years. Even though we havent lived with her in over 6 years. I have not gotten any stimulus payments or child tax credits

  Can I fix this. My mother understands that she was cini

[Cynthiad66]

@janjan469

Yes you can fix this.  There are two issues we need to address.  Sounds like you are saying your mother claimed you and your children and is not entitled to claim you.  Also, you did not receive your first, second or third Stimulus payments.

Let's address the Stimulus payments first  You can file your 2020 Tax return and claim the dependents and this will generate first and second Stimulus.  There is a form in 2020 return called the Recovery Rebate Credit which will compute your allowable rebate credit for the first and second Stimulus.  Be careful to answer all questions accurately.  For the third Stimulus payment, prepare your 2021 Tax return

Third Stimulus Check

You will need to file a tax return for Tax Year 2021 (which you file in 2022) and claim your allowable dependents. The deadline to file your tax return is April 18, 2022.  I suggest filing the 2021 immediately.

Use this link below for additional information:

What Do I Do If I Do Not Get Stimulus Checksow

Now, to address the other issue with your mother claiming you and the children as dependents.  Two people cannot claim the same dependents.  Since you are filing 2020 and claiming the children that will automatically create a reject for your 2020 tax return with the IRS.  So, to avoid the reject, you will need to mail your 2020 return to the IRS and state because electronic filing for that year is closed.  But, since you know your mother claimed your children, you may need to attach a note to the return explaining why you are filing and that only you are entitled to claim yourself and your children as dependents.  The IRS will address the issue at this point to determine who is eligible to claim the children and also, generate the Stimulus payments.

[Edited 2/14/2022 2 6:11 AM PST]

[xmasbaby0]

Not sure if you were aware of the problem for all of that time---and if you were aware of  it why you did not take steps to correct it.  

You do not mention whether you filed tax returns for those years.   If you did not file for those years, you can still prepare and mail in returns in order to seek income tax refunds as far back as tax year 2018.  Or if you filed but did not claim the children you can amend those returns.   By April 17, 2022 it will be too late for you to receive a refund for a 2018 return.

If your mother has been claiming your children but has not been supporting them she has been committing tax fraud.   When you file returns to claim them, the IRS will investigate and she will have to pay any wrongly issued refunds, credit, etc. as well as penalties.

The way for you to get the 1st and/or 2nd stimulus payments is to file a 2020 tax return and use the recovery rebate credit in Federal Review.    The 3rd stimulus payment can be obtained by filing a 2021 return and using the recovery rebate credit in Federal Review.   You can also get the full amount of the child tax credit for children under the age of 18 on your 2021 tax return.   If mom received those stimulus payments and any advance child tax credits she will have to repay them.

You can prepare your own tax returns ---- you have not mentioned how you were supported during those years or if anyone else could have claimed you as a dependent, since it seems odd that you would have gone along with your mother during these years if you could have been filing tax returns yourself.   

Or you and your mother might want to seek professional tax help to dig out of this.

Online preparation and e-filing for 2018 and 2019 and 2020 is permanently closed.

To file a return for a prior tax year

 If you need to prepare a return for 2018, 2019 or 2020 you can purchase and download desktop software to do it, then print, sign,  and mail the return(s)

https://turbotax.intuit.com/personal-taxes/past-years-products/

You may also want to explore purchasing the software from various retailers such as Amazon, Costco, Best Buy, Walmart, Sam’s, etc.

Remember to prepare your state return as well—if you live in a state that has a state income tax.

https://ttlc.intuit.com/community/state-taxes/help/how-do-i-contact-my-state-department-of-revenue/0... 

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.

Note:  The desktop software you need to prepare the prior year return must be installed/downloaded to a full PC or Mac.  It cannot be used on a mobile device.

[SweetieJean]

Depending upon the amount of money here, you may wish to seek the assistance of a local tax professional.

(As an aside, any chance that your children's SSN's were used for anything else incorrectly?)