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glomac99
New Member

Tax Year Prior to 2020: What to do if someone else claim my son on thier incom tax without my permission

Its the same as if we live together 4 several yeas right.he claimed them with out me knowing

Clinic110
New Member

Tax Year Prior to 2020: What to do if someone else claim my son on thier incom tax without my permission

What do I do if someone else is claiming my daughters on their taxes how do I go about of getting that information. Yvonne D moore please get back in touch with me my email is mooreyvonne110@

Tax Year Prior to 2020: What to do if someone else claim my son on thier incom tax without my permission

You cannot e-file now.  Your 2018 return must be printed, signed and mailed.  E-filing is closed.

 

Someone else claimed my dependent and my return was rejected

If someone else claimed your dependent already, then your e-filed return will be rejected.  Print, sign and mail your own return which claims your dependent.  Mailed returns are processed differently by the IRS.  It will take some time (maybe even up to a year) but eventually the IRS will contact both parties and sort out who could rightfully claim the dependent.  The person who wrongfully claimed the dependent will face repayment of refund $, plus penalties.

**Disclaimer: Every effort has been made to offer the most correct information possible. The poster disclaims any legal responsibility for the accuracy of the information that is contained in this post.**

Tax Year Prior to 2020: What to do if someone else claim my son on thier incom tax without my permission

Okay then what if the person who wrongly claimed the child DOESN'T send in any paperwork. My son's Father claimed our son 5 years ago fraudulently (Father didn't even SEE the child that year) and hasn't filed his taxes since then. Also owes over $15k in back child support. How can I report this slip up to the IRS?..........

Tax Year Prior to 2020: What to do if someone else claim my son on thier incom tax without my permission

@Liltam34287 You are probably too late to get a refund for five years ago.  You can only amend a tax return to receive a refund as far back as 2016.  Why has it taken you so long to ask?  The IRS only seizes tax refunds  for child support from delinquent parents if there is an order from the local agency that deals with support orders and if the deadbeat parent actually files a tax return.

 

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

**Disclaimer: Every effort has been made to offer the most correct information possible. The poster disclaims any legal responsibility for the accuracy of the information that is contained in this post.**
Gnikeca12
New Member

Tax Year Prior to 2020: What to do if someone else claim my son on thier incom tax without my permission

My sons grandmother is threatening to sue because I filed my son on taxes. She hasn’t supported him financially in any way. I’m the custodial parent and I haven’t given her permission. He lived for 5 months with his mother and grandmother after he was born. But I had a full time job and solely supported him financially. Does she have a leg to stand on with a lawsuit?

DavidD66
Employee Tax Expert

Tax Year Prior to 2020: What to do if someone else claim my son on thier incom tax without my permission

If the child lived with you more than half the year and you provided more than half his support, the child is your dependent.  For more information click on the following for a TurboTax article on Dependents:  Rules for Claiming a Dependent.

 

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Tax Year Prior to 2020: What to do if someone else claim my son on thier incom tax without my permission

I keep having to file by mail due to my children's father filing with my children's socials. We were never married and he isnt even working his mother files with my kids socials to give him the tax return. I have reported it to IRS. I have filed for child support and custody and they throw it out of court because they fail to locate him. 

 

So every year i file by mail provide docs lease agreements with my dep's on there. I provide school docs government docs and they approve my return but i still have to do this every year his mother beats me to efile. So my taxes are a hassle to get.

 

I tried to speak with IRS very rude Rep's hung up on me one told me they cant do anything that i need fto keep mailing it in. Its been 5 years in a row. When will they realize he shouldn't be filing or his mother.???

WKins2
Expert Alumni

Tax Year Prior to 2020: What to do if someone else claim my son on thier incom tax without my permission

Unfortunately the IRS and/or your state have no way to know legally who should be claiming the dependents. If the other parent claims the dependents before you are able to, you will have to print and mail in your return with the supporting documentation. 

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WKins2
Expert Alumni

Tax Year Prior to 2020: What to do if someone else claim my son on thier incom tax without my permission

If someone one has claimed your dependent and was not supposed to, you will need to print and mail your return into the IRS and/or your state. You will be able to claim your dependent on your printed and mailed in return. Once the IRS and/or your state has received your return they will then process your return and catch that your dependent's social security has already been claimed. 

 

They will then request information from you and other person who has claimed your dependent for proof that you are the one who is entitled to claim him. Please send in what they ask for as soon as you can. 

 

They will make a determination based on the evidence that was sent in and adjust the returns accordingly. 

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Tax Year Prior to 2020: What to do if someone else claim my son on thier incom tax without my permission

What If I already filed my taxes can I still fill out the form to stop the non custodial  parent  from  carrying my child

KrisD15
Employee Tax Expert

Tax Year Prior to 2020: What to do if someone else claim my son on thier incom tax without my permission

If you claimed the child on your return, and you were able to e-file the return, no one else will be able to claim that child and e-file. 

The non-custodial parent can try to claim the child and mail the return in which case the IRS will investigate, make a decision and most likely charge tax, interest, and possibly a penalty on the person that tried to claim the child and shouldn't have. 

If the return involves the Earned Income Tax Credit, that credit may be taken away for up to 10 years. 

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Tax Year Prior to 2020: What to do if someone else claim my son on thier incom tax without my permission

I have a question. What if i am the one paying child support ? Do i get to claimed them? 

Tax Year Prior to 2020: What to do if someone else claim my son on thier incom tax without my permission


@Cheerios09 wrote:

I have a question. What if i am the one paying child support ? Do i get to claimed them? 


Your paying child support is not relevant.

If you are not the custodial parent then you cannot claim the child on your tax return unless the custodial parent gives you a signed Form 8332 relinquishing their right to claim the child as a dependent.

DMarkM1
Employee Tax Expert

Tax Year Prior to 2020: What to do if someone else claim my son on thier incom tax without my permission

As WKins2 mentions above, you will need to print and mail in your returns.  The IRS will see that someone else has already filed with the dependent's social security number.  Each claimant will get a letter from the IRS asking to substantiate your claim. Send in the requested information as quickly as you can to get the issue resolved.    

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