Can someone claim you as a dependent even though they didn't financially provide for any of your needs. ?You just live with them until you can get your own place.

[dfrazier227]

Is it illegal for someone to claim an ex spouse as their sister? Then a few years down the line have a different family member claim them as something else? What should be done to correct this?

[macuser_22]

Here are the requirements.  (assuming that you are not a child under age 18 (or 24 and a full time student).

---Tests to be a Qualifying Relative (& Unrelated Persons)---
(Must meet ALL of these tests to be a dependent)

1. The person cannot be your qualifying child or the qualifying child of any other taxpayer.

2. The person either must be related to you, or must live with you all year (all 365 days as a member of your household - There are exceptions for temporary absences such as school, illness, business, vacation, military service).

3. The person's gross income for the year must be less than $4,300 (tax-exempt income, such as certain social security benefits, is not included in gross income)

4. You must provide more than half of the person's total support** for the year.

5. The person is not filing a joint return.

In any case, the person must be a U.S. citizen, U.S. resident alien, U.S. national, or a resident of Canada or Mexico

The above is simplified; see IRS Publication 501 for full information.
https://www.irs.gov/pub/irs-pdf/p501.pdf

** Pub 501 Worksheet 2 for determining support
https://www.irs.gov/publications/p501#en_US_2020_publink1000292527

[dfrazier227]

But the person does not support any of the financial needs. And hasn't been since the beginning. All financial needs are being provided by the person that was supposedly claimed.

[macuser_22 · Accepted solution]

If ALL the above requirements are not met then you cannot be a dependent.

[dfrazier227]

Thank you that is greatly appreciated 

[xmasbaby0]

@dfrazier227 If someone claimed you as a dependent and should/could not have claimed you, then file your own tax return that you print, sign and mail to the IRS.  The IRS will process your mailed return and then sort out whether you could be claimed as a dependent.   If you were claimed fraudulently or incorrectly the person who claimed you will face repayment of any credit, etc. they gained by claiming you and possible penalties.

[dfrazier227]

Thank you for the information others have been done illegally that I can't mention on here but hope to be resolved soon. Thank you all for your quick responses it is greatly appreciated. 

[Critter-3]

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