How can I report someone else claiming my child?

[youwish2beme]

Someone else claimed my son whom I have been claiming the last 10 years. How can I report this?

[jeremym0420]

i had custody of my daughter since 03 2018 am i allowed to clamimm her as my dependant

[Rachel_W · Accepted solution]

Please click this IRS link for information on how to report fraud:  

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

If your return was rejected because someone else already claimed your child, you will need to mail your tax returns this year.  Once the IRS receives your return, they will send out paperwork to both you and the other person who claimed your child to determine who should be claiming him/her.  Once you prove you are the rightful claimer, they will issue the refund to you and rescind it from him. 

[Marilyn0505]

I need to report someone who has falsely claimed a child dependant 

[AlanT222]

Please refer to Rachel_W's answer above.  

[lisasanchez37]

I encountered this issue when claiming my granddaughter. Her father had already claimed her. To keep it simple, he did not provide more than half of her support. Parents are not married and he does not even live in the same state. When my taxes got rejected. I was asked to mail them in by TurboTax, but when I found out that he indeed claimed her, I removed her and sent the claim in thinking I could handle it afterwards. Can I still report him?

[Staciej32]

My 3 daughters hace been in my custody without the father for over 3 years. I filled my taxes for 2019 and was informed he already claimed then. One if my daughters is not his and he got money for her on his stimulus check he never gave me a dime of the money and never told me he filed im trying to get help with this situation. Ive been the primary caregiver and he received money for children that do not live with him or that doesnt belong to him 

[SusanY1]

The best thing for you to do, is to leave your daughters on your tax return and file it by mail.  The IRS will then send letters late in the year to you and to anyone else who has listed them on their tax return requesting support for the claim that they are the dependents of the filer.  

The IRS will process the return that you have filed as you have filed it. 

The IRS will then adjust the incorrect tax return and that taxpayer will be responsible for paying back any refunds that should not have been paid, plus penalties and interest.  If certain credits are claimed on the return, such as the Earned Income Credit, the taxpayer can be barred from claiming this credit for up to ten years. 

They IRS will not give you any information about the other person's tax return, but if the girls are your dependents your return will not be altered.  

@Staciej32

[Shnuzel]

My ex also stole taxes and stimulus. Pays no support. Is not primary custodial parent.

[Staciej32]

Ive already filed on here and it was accepted. I did not know of the other way until now i just filed a claim 

[Adrian73]

"The IRS will then send letters late in the year to you and to anyone else who has listed them on their tax return requesting support for the claim that they are the dependents of the filer."

What do you mean by "late in the year"? This is my situation as well, however I've already resent my taxes via postal mail with all the documents needed to prove my 3 grandkids are my dependents. An ex falsely and fraudulently used noncustodial kids by lying on his taxes.

Side note question: My State was being held as well but I did get a paper refund which leads me to believe my Federal were accepted. I am under the impression State wouldn't be paid unless Federal was approved. Am I correct?

[VictoriaD75]

When someone else claims your dependent, the IRS provides the following steps:

1. File a paper return
   • Prepare paper tax return.
   • Claim your dependent(s).
   • Mail the completed tax return to the IRS.

   Your refund will be delayed while we investigate your case. Paper tax returns can take up to six to eight weeks for us to process.
    

2. You need to prove you’re entitled to claim the dependent
   • This Form 886-H-DEP provides a comprehensive list of supporting documentation to assist in resolving your case. Secure copies of birth certificates, proof of identity and documents that show your dependent lived with you at the same address for more than half of the calendar year.
   • Recordation such as school, medical, daycare, or social service records on official letterhead from a school, medical provider, social service agency, or place of worship that shows names, common address and dates.
   • If you receive a CP75A Notice, it means we're investigating the information you’ve provided and need additional documentation to verify the dependent exemption(s) and filing status you claimed on your tax return.
      
3. Answer when the IRS contacts you

   About two months after you file a paper return, we’ll begin to determine who’s entitled to claim the dependent.

   You may receive a letter (CP87A) from us, stating your child was claimed on another return. It will explain what to do, either file an amended return or do nothing.

   The person who claimed the dependent will get the same letter. If one of you do not file an amended return that removes the child-related benefits, then you may be audited by us to determine who can claim the dependent.

   In that case, you’ll get a letter in a few months to begin the audit. In the audit, we’ll require you to provide proof that you’re entitled to claim the dependent. Be sure to reply completely and by the response deadline. After we decide the issue, we’ll assess any additional taxes, penalties, and interest on the person who incorrectly claimed the dependent.

The IRS has temporarily suspended the manual processing of paper returns and forms while they process stimulus payments. They are also not accepting phone calls at this time. Due to stimulus processing, the IRS has halted these services. You will have to be patient and wait for the IRS to reopen all operations and get caught up.

Claiming Dependents

[Juicy16]

Someone claimed my daughter and I told them not to...how can I report them? Also is her brother allowed to file her on his taxes? He is in the military but he was helping me take care of her while he was in Basic and AIT...he entered the service in August...so for the past 4 months he was helping me take care of her

[AmyC]

@Juicy16  The IRS has a short quiz you can take to see if anyone was eligible to claim your child besides you. I would:

1. look first at the Worksheet for Determining Support.
2. Take the quiz as if you were the person who claimed her. Take it again as if you are the brother. It is anonymous, Take it at Whom May I Claim as a Dependent?

The dependency test has 7 requirements that vary depending on child or qualifying relative.

If you or the brother should be claiming and not "someone", then the rightful person will need to mail a return with the correct paperwork. The full instructions are in the post right above yours.

[anarivera122482]

How can I report someone else claiming my Child