My parents wrongly claimed me as dependent? Tax year 2013

[Critter]

First he should file a paper return to assert his right to claim himself ... doing so may or may not get the stimulus check this year.  His other option is to file a 2020 return to get the stimulus money next year. 

If you believe you have been a victim of tax-related identity theft ...

You will also want to take the following steps:

1. (Most important) Follow the IRS procedures for reporting a fraudulent return, documented here: www.irs.gov/uac/Taxpayer-Guide-to-Identity-Theft
2. Monitor your credit reports through TransUnion, Equifax, and Experian for any suspicious activity.
3. File a police report with your local law enforcement agency.
4. File a complaint with the Federal Trade Commission at www.identitytheft.gov or the FTC Identity Theft Hotline at 1-877-438-4338 or TTY 1-866-653-4261.

If your Social Security number is compromised and you know or suspect you are a victim of tax-related identity theft, take these additional steps:

• Respond immediately to any IRS notice; call the number provided.
• Complete IRS Form 14039, Identity Theft Affidavit. Then print and mail or fax according to the instructions. 
• Continue to pay your taxes and file your tax return, even if you must do so by paper.

Additional Resources

The IRS has a host of useful information and resources on tax-related identity theft:

• A special section at IRS.gov dedicated to identity theft issues, including YouTube videos, tips for taxpayers, and an assistance guide.
• For victims, the information includes how to contact the IRS Identity Protection Specialized Unit. For other taxpayers, there are tips on how taxpayers can protect themselves against identity theft.
• Taxpayers who may be at risk for identity theft (for example, your wallet, purse, or computer was recently stolen) should visit the IRS identity protection page.
• If you receive a suspicious email that appears to be from either the IRS or an organization closely linked to the IRS (such as EFTPS), visit the Report Phishing page at IRS.gov.
• Click here for general information on how to report tax-related fraud to the IRS.
• To prevent tax-related identity theft, see Protect Yourself from Identity Theft.

These sites can help you understand identity theft and how to protect yourself:

• FTC Identity Theft Resource Center (www.ftc.gov/idtheft)
• Identity Theft Resource Center (idtheftcenter.org) 
• OnGuardOnLine.gov

[01014606]

So a sort of a similar troubling situation happened to me. My mother unrightfully claimed me as a dependent for her 2019 taxes. I also filed my own as an independent but there was no rejection or inquiry about either of our filings. I have seen her paperwork and it shows that she did indeed claim me. How do I go about fixing this? She will not willingly amend it so I will need to know how to contact the appropriate office(s) to correct it.

[Critter]

Both of you could not have efiled the same SS# ... so either she only claimed the EIC for you or you indicated you were a dependent.

However,  if you did file your self independently, and the return was accepted, there is nothing more you need to do.  The IRS will sort this all out later when they send you both letters asking you to prove your positions ... be prepared to defend your claim.  

[ali_khan799]

My dad wrongly claimed me as dependent. later on, he filled the form 1040  by mail and removed me as a dependent but due to COVID-19 it is not processed yet. it has been a month now since he sent the form 1040 to IRS. since his 1040 isn't processed, i cannot efile and claim myself. what should i do before the deadline.

[xmasbaby0]

@ali_khan799 Your father's amended return was never going to be processed in time for you to e-file, covid-19 or not.  The only way that you can file your return and say you cannot be claimed as someone else's dependent is to print, sign and mail your own return.  Amended returns never go into the system fast enough for the rejection your e-file will get to change.  Sorry.

[macuser_22]

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@ali_khan799 wrote:

My dad wrongly claimed me as dependent. later on, he filled the form 1040  by mail and removed me as a dependent but due to COVID-19 it is not processed yet. it has been a month now since he sent the form 1040 to IRS. since his 1040 isn't processed, i cannot efile and claim myself. what should i do before the deadline.

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You will never be able to e-file because once a SSN is used no other tax return can be e-filed with the same SSN in the same year - that is to prevent tax fraud.   You can only print and mail.

[ali_khan799]

will there be any problem for us if i paper file and claim myself before the amended return processes. i am filling 1099 ($30k) and w-2 ($6k).

[macuser_22]

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@ali_khan799 wrote:

will there be any problem for us if i paper file and claim myself before the amended return processes. i am filling 1099 ($30k) and w-2 ($6k).

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No.  The IRS does not match returns for about a year to allow for amended returns to be processed.

[ali_khan799]

thanks for your help Guys! you all are awesome.

[Grjulz88]

So I started my job the last week of the year and only made 144 dollars but my ex boyfriend claimed me even though I was kicked out with my son who was claimed by his father in 2019it was his year even though I ha e full custody but I became homeless and my mail comes continued to go to boyfriends address for about 6 months total I filed my taxes and mailed it in claiming myself and got a return but haven’t got a stimulus what do I do

[Anonymous]

for your boyfriend to properly claim you as a qualifying relative all these tests would have to be met

1) you lived with your boyfriend the entire year of 2019 (you say you got kicked out - if that's in 2019 then he doesn't pass this test and shouldn't have claimed you nor should he if you did not live with him at the beginning of 2019)

2) your income was low enough so the gross income test is met

3) he provided over 1/2 your support

your boyfriend claiming you is the reason you didn't get the stimulus payment.  you can call the IRS 800-829-1040 

First choose your language.
Then 2
Then 1
Then 3
Then 2
You should then be transferred to an agent, but there is likely to be a long wait.

you can file form 3949-A with the IRS if he falsely claimed you as a dependent. 

https://www.irs.gov/pub/irs-pdf/f3949a.pdf

[Brownskin9414]

Hi

I'm new to this but I have a question can someone help me please. I have did a non filers form through IRS website last year in 2020 for claiming myself before April deadline and I don't do taxes etc but I was able to receive my stimulus check. So later in April when my mother husband did his taxes it got rejected and was upset , started asking me who claimed me and etc which I felt was very personal because I don't give my social out to no one an I was very shocked and puzzled wanting to know why it matter because he gets money from other things. I started to ask questions about how they know my social information and what was so important for them to know it and are they claiming me and they didn't give no answer about it. So I been looking for answers and called irs number a few times but can't get the right ones in the line then it be no answer , the the answers I found online is all over the place but I need help in understanding just this : if I had filed a non filers form for 2020 for my stimulus check and my mother's husband papers was rejected does that mean he can't file me as dependent on his taxes then since it was rejected , plus I'm over the age of 24yrs old as well . Plus when I did the non filers from it was online so does it consider as it to being e-filed . Pleases I really really need to know  because I have a feeling they have been claiming me with out my permission for last over2 years now , so I just want to make sure that he can't get anything from false information and how I can protect myself from now on up all the way through future use ... I appreciate the help thank you !!!

[macuser_22]

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@Brownskin9414 wrote:

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If  you already already been claimed by another taxpayer, your e-filed return will reject since the your SSN has already been used (either intentionally or in error such as a mistyped SSN).

Your only recourse is to file a correct tax return, claiming what you are entitled to claim, then print and mail the return.

The IRS will sort it out by sending letters to both taxpayers.   If you were improperly claimed then the other person will have to pay back any refund they received plus interest and penalties.

Also see this IRS FAQ:

https://www.irs.gov/newsroom/taxpayer-guide-to-identity-theft

[doggy2021]

So who would I contact? My mom wrongfully filed me last year and she's attempting to do so again and I'm starting to reach the end of my rope and I have to get this rectified. I haven't been supported by her in over 4 years. 

[Rellartis20]

I’m not a dependent