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Level 2
April 7, 2022
Question

Someone else claimed my child.

  • April 7, 2022
  • 7 replies
  • 46 views
somone else claimed my child on their tax return

7 replies

JohnB5677
Level 15
April 7, 2022

If your child was claimed as a dependent by someone else, and you tried to file your taxes.  You will get a REJECTION notice that will state that as the reason. 

 

If you cannot determine who filed using them as a dependent (the IRS will never tell you, and we don't know).  You should file a tax return by mail claiming them as your dependent. The IRS will then contact both you and the person that claimed the child.  You will be required to answer some questions and the IRS will decide who should get the exemption.   Your taxes will be adjusted accordingly.

 

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AA1984Author
Level 2
April 7, 2022

I am not the custodial parent. My U.S citizen child lives with his mother in Mexico. My ex does not have a Social Security Number because she is not a U.S citizen or resident. I support my child, but don't know if the amount I send monthly qualifies as more than half support. 

 

JohnB5677
Level 15
April 7, 2022

How to Choose Who Will Claim the Qualifying Child

To choose which person can claim the qualifying child to get the EITC, use these tiebreaker rules:

  • If only one person is the child's parent: The parent may claim the child
  • Both parents file a joint tax return with each other: They may claim the child
  • Both parents claim the child on separate tax returns: The parent with whom the child lived the longest during the year may claim the child
    • If the child lived with each parent for the same amount of time: The parent with the higher adjusted gross income (AGI) for the year may claim the child
  • Neither person is the child’s parent: The person who had the highest AGI for the year may claim the child
  • A parent can claim the child but doesn’t: The person who had the highest AGI for the year may claim the child, but only if that person's AGI is greater than the AGI of any of the child's parents who can claim the child

If you can’t claim the qualifying child because of the tiebreaker rules, you may be eligible to claim the EITC with no qualifying child.

 

Qualifying Child Rules

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