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

[Earlsgirl99]

What if it’s a grandparent trying to claim the child and she has no custodial rights

[Holliday031809]

Denise Lewis claimed 2 children of mine and did not support them once in the year of 2019.  I would like to proceed in any way to settle this issue.  

[xmasbaby0]

@Holliday031809 

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.

When you mail a tax return, you need to attach any documents showing tax withheld, such as your W-2’s or any 1099’s.  Use a mailing service that will track it, such as UPS or certified mail so you will know the IRS/state received the return.

[Lateshia85]

Hi somebody be claim my son on there income taxes without my permission I don't have no money to buy my son more thing for school I be get ssi for my self and now I am have a hard time to add my son on my check 

[xmasbaby0]

@Lateshia85 The answer as to what do when someone else claimed your dependent is already just above your own post.  Return to your own post, scroll up and read what it says to do if someone claimed your child.

[latinosloth]

In my case, the mother is not filing taxes. She did not earn anything the previous year. Her mother (grandmother) is claiming her and her three kids. One of them is my son. She is the custodial parent. Am I allowed to claim our son since she is not working/filing or is the grandmother allowed to do that? Does she have permission to let other people claim my son? I have paid child support the entire time. Thank you.

[SusanY1]

In order to list the child as a dependent on the tax return the following criteria must generally be met:

• they must generally be related to you 
• they must live with you (exceptions apply)
• they must receive more than half of their support from you

If your son receives more than half of his support from his grandmother, then his grandmother is entitled to claim him and his mother on their tax return and unless she releases her claim to you, you cannot claim him on your own tax return even though you may also support your child by providing support as well.  

@latinosloth

[Chanelblove1]

I need to claim my 14 year old son can u let me know what to do I believe someone claimed him how can I stop them from claiming him next year

[Chanelblove1]

Wat form do I fill out to stop someone from claiming my son 

[JotikaT2]

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

Taxpayer guide to identity theft

Reporting Tax fraud to the IRS 

[Chiquitsdorsey]

• I want to know what can I do if  someone is claiming my children this year of 2021 without my permission I called the IRS multiple times about it but they constantly telling me that there's nothing they could do about it but meanwhile somebody is eating off of my children and im getting sick and tired of it

[Mike9241]

there is nothing the IRS will do.  claim the dependent on your return. you will have to paper file if they file first.  eventually, the IRS will contact both parties. 1st asking to amend and if neither party does a second notice that asks each to provide proof they are entitled to claim. the loser gets a bill.   if you think the dependent's identity was stolen then file form 14039

https://www.irs.gov/pub/irs-pdf/f14039.pdf 

you will have to either fax or mail the form.  if you mail the form use a method where you get proof of delivery. it can be sent now.  if mailed it might take the IRS 4 months or longer to process - way behind in processing mailed in forms and returns.  people have also reported problems with faxing. 

[Lerralay]

Hey I haven’t received my first stimulus check and I didn’t receive my second stimulus check and I think somebody claim me and my daughter on there taxes without my permission I would like to know why my get my payment is saying unavailable everytime I go on there it tell me to Franklin ask questions and and I have did that and am still not getting no help I just want to know where my stimulus check are at not one but two checks I haven’t got 

[AmyC]

Yes, if someone claimed you and your child on a tax return for 2019, you will not receive a stimulus check. The only way for someone to claim you is if you did not claim yourself. 

The question becomes, did you file a return and claim yourself and your child?

• If yes, you would get a letter from the IRS requesting information if you did not get your refund.
• If no, then you may have allowed someone to claim you and forgotten. Contact your family members and the father of your daughter to see if any of them claimed the two of you or one of you by different people.
• If you should have filed a return and just didn't get around to it, you can still file a 2019 return, if you had earned income.
• If you had no earned income and nobody should have claimed you and your daughter, you can file a 2020 return and claim the Rebate Recovery Credit.

The IRS begins accepting returns on February 12 and will begin processing refunds the next week.

@Lerralay

[Bridgett35]

My son father keep clamining my son on his taxes and he dont even stay with for at least 5years now and iam trying to get some help with this my mother has been there the whole time since the birth of my so that who me and son have been staying with