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What can i do if someone without permission claimed me on their taxes? How do i fix that?

I'm disabled and tried singing up for the non filers part on irs.gov but I was rejected because it says someone has claimed me as their dependant. (I think it was my jackass of a father whom I no longer speak to) as he sent me a message a couple of years ago asking me for my ss number then told me nvm I got it. I didn't think much about it until I just tried filling out that form and got the message saying someone has claimed me. I haven't lived with him in over 25 years and he doesn't support me in any way. I definitely don't want him getting any extra money for me when my mom could claim me as she definitely supports me. 

 

How do I go about reporting his false claim of me being a dependant of his? Any help is greatly appreciated!

What can i do if someone without permission claimed me on their taxes? How do i fix that?

Oh I forgot to say I don't file taxes as I don't make enough each year to file them. 

Hal_Al
Level 15

What can i do if someone without permission claimed me on their taxes? How do i fix that?

"....when my mom could claim me as she definitely supports me". 

 

If your mom CAN claim you, even if she actually doesn't, then you are not eligible for a stimulus payment. 

 

The best way to challenge your father claiming you is for your mother to claim you, creating a competing tax return. 

Alternatively, see https://www.irs.gov/pub/irs-pdf/f3949a.pdf 

 

Under the CARES Act, if you are claimed as a dependent on someone else’s return you cannot receive a stimulus check, in 2020.   If you were claimed as a dependent for 2019, but will not be for 2020, you will most likely get it  in 2021.

 

"In essence, the stimulus check acts as an advance of your 2020 income tax refund. This means when you prepare your 2020 income tax return, there will be a line to include the section 6428 credit. The credit on your 2020 return is subtracted by any amount received as a stimulus check in 2020. If the amount you received as a stimulus check is less than the credit you are due, the difference will be included as part of your 2020 refund. If you have been overpaid by receiving the stimulus check, however, you will not be required to return any excess amount".

 

What can i do if someone without permission claimed me on their taxes? How do i fix that?

This is happening to me right now. I found out I was denied the stimulus payment and after hours spent back and forth with the IRS they tell me its because someone else claimed me on their taxes as a dependent, BUT would not tell me who, and basically said "tough luck"! I suspect my x-wife but she outright denies it. Did you have any recourse in your situation?

thanks. 

What can i do if someone without permission claimed me on their taxes? How do i fix that?

If you have not filed a 2019 return then do so now ... you will need to mail it in to fight this issue and wait months for it to be resolved. 

What can i do if someone without permission claimed me on their taxes? How do i fix that?

  • They act like they don't care
VictoriaD75
Expert Alumni

What can i do if someone without permission claimed me on their taxes? How do i fix that?

It is not a matter of permission, if you can be claimed as a dependent based on IRS rules, then the taxpayer is allowed to claim you. If you wish to fight it, you can file a paper return. The IRS will then review both returns and contact the taxpayers for information. The IRS will make the ruling as to who gets to claim the individual. The rules for dependency can be found in the link below.

 

Rules for Claiming a Dependent

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What can i do if someone without permission claimed me on their taxes? How do i fix that?

I already filed my Taxes and received my refund without any issues. I filed HOH and claimed my daughter as a dependent but not myself as a dependent. I assumed that was a given, since I filed HOH? So my only understanding of all this is..since I did not technically claim myself, that left it open for this "scammer" to claim me without it raising any red flags. BUT in turn scamming me out of my rightful stimulus check. 

SusanY1
Expert Alumni

What can i do if someone without permission claimed me on their taxes? How do i fix that?

If you filed your own return as Head of Household you did all that you needed to do and can do.  You cannot claim yourself as a dependent - there is no such thing.

 

Once you file your return as Head of Household no one is able to file another return in the same year claiming you as a dependent and no one can do anything to scam you out of your economic impact payment (stimulus check.) 

 

If you have not received your payment yet, it may simply be that you are just one of the many taxpayers that the IRS has not yet gotten to yet in the processing. 

 

If for some reason the IRS isn't able to process your payment by the end of 2020 (because they don't have enough information or the right information to reach you), you will be able to claim your payment when you file your 2020 tax return in 2021.

 

@kelmcicero

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Hal_Al
Level 15

What can i do if someone without permission claimed me on their taxes? How do i fix that?

Since you effectively claimed yourself, not as a dependent, but as a tax filer (taxpayer), no one else can claim you as a dependent.  If someone else did so (they would have had to mail in a paper return), Down the road (longer than usual this year) the IRS will match the two competing returns. You'll be getting a letter from the IRS and so will the other party.  Follow the instructions.

 

It doesn't make sense that it was your ex. It would make more sense for her to try to claim your daughter.

What can i do if someone without permission claimed me on their taxes? How do i fix that?

But how would I correct it if I get SSI. Since I don’t file. 

JotikaT2
Employee Tax Expert

What can i do if someone without permission claimed me on their taxes? How do i fix that?

You can contact the IRS to report the suspected tax fraud if you determine someone else did claim you as a dependent.  See the following link on instructions on how to report the questionable activity. 

 

Reporting Tax fraud to the IRS 

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Manueal68
New Member

What can i do if someone without permission claimed me on their taxes? How do i fix that?

Someone claim without my permission and i cant received stimulus check for that reason.  I would press charge against person who use my information without my permission. 

Manueal L. Wiley

What can i do if someone without permission claimed me on their taxes? How do i fix that?

Id love to but the irs tells me they cant legally tell me who it is even though they know. 

GiseleD
Expert Alumni

What can i do if someone without permission claimed me on their taxes? How do i fix that?

@Manueal68

 

If you were eligible to be claimed as a dependent, then the person claiming you does not need your permission. Here are the criteria to be claimed as a dependent:

 

There are two types of dependents, each subject to different rules:

  • A qualifying child
  • A qualifying relative

For both types of dependents, you’ll need to answer the following questions to determine if you can claim them.

 

Dependent taxpayer test: The taxpayer, or spouse of the taxpayer if filing jointly, cannot be eligible to be claimed as a dependent on someone else’s tax return.

 

Married Filing Jointly test: If you file a joint return with your spouse, you cannot be treated as a dependent. (This rule does not apply if the joint return was filed only as a claim for refund and no tax liability would exist for either spouse if they had filed separate returns).

 

Citizen or resident test: The person claimed as a dependent must be either a U.S. citizen, U.S. national, U.S. resident alien, or a resident of Canada or Mexico. An adopted child that lived with the taxpayer all year passes this test if the taxpayer is a U.S. citizen or U.S. national.

 

Qualifying Child

In addition to the above, you must be able to answer "yes" to all of the following questions to claim an exemption for your child.

 

Relationship test: The child must be the taxpayer’s son, daughter, stepchild, foster child, brother, sister, stepbrother, stepsister, half brother, half sister, or a descendant of any of these, such as the taxpayer’s grandchild, niece, or nephew.

 

Residency test: The child must have lived with the taxpayer for more than half of 2019.

  • Temporary absences (e.g., school, vacation, business, medical care, military services, or detention in a juvenile facility) are considered as time living with the taxpayer.
  • Exceptions apply under the rules for children of divorced or separated parents. See IRS Publication 501 for details.

 Age test: The child must be

• Under age 19 at the end of the tax year and younger than the taxpayer (or spouse), or

• Under age 24 at the end of 2019, a full-time student for any part of five calendar months during the tax year, and younger than the taxpayer (or spouse), or

 Permanently and totally disabled at any age

 

Support Test: The child cannot have provided more than 1/2 of his/her own support during the tax year. Welfare, TANF, and scholarships received by the child are not considered support.

 

Qualifying Relative

 

Relationship or Member of Household Test: To be considered a qualifying relative, a person must be:

  • A son, daughter, stepchild, foster child, or a descendant of any of these
  • A brother, sister, half-brother, half-sister, or a descendant of any of these
  • A father, mother, or an ancestor or sibling of them (does not include foster parents)
  • A stepbrother, stepsister, stepfather, stepmother, son-in-law, daughter-in-law, mother-in-law, father-in-law, brother-in-law, sister-in-law, or
  • Any other person (other than the spouse) who lived with the taxpayer all year as a member of the taxpayer's household as long at the relationship did not violate local law. Exceptions: Temporary absences for special circumstances such as school, vacation, business, medical care, military service, or incarceration count as time lived in the home. Also, the taxpayer's mother or father does not have to live with the taxpayer as long as the taxpayer is able to claim the parent as a dependent and paid more than half the cost of keeping up the parent's main home (including nursing homes) for the entire year.

Not a Qualifying Child Test: The relative cannot be a qualifying child of any other taxpayer for the year.

 

Gross Income Test: The relative's gross income must be less than $4200 for the year. Gross income is all income that is not tax-exempt. Examples of gross income include taxable Social Security benefits, taxable unemployment compensation, and certain scholarships and fellowships (i.e., monies used to pay higher education expenses other than tuition, fees, supplies, books, and course-required equipment).
 

Support Test: The taxpayer must have provided over 1/2 of the relative's support during the year. This test does not apply to persons who qualify as dependents under the children of divorced or separated parents rule and multiple support agreements.

 

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