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

[xmasbaby0]

@Tina4224 It is taking months for the IRS to process mailed returns because the IRS is severely backlogged.  If someone else claimed your child(ren) on a tax return then you cannot e-file, so your only way to file is by mail.   The IRS will sort out who can claim them.    If their other parent claimed them incorrectly they face penalties and repayment of child-related credits and stimulus money they received.

MAILED RETURNS

Per the IRS:

COVID-19 Mail Processing Delays

It’s taking us longer to process mailed documents including:

• Paper tax returns, and
• All tax return related correspondence.

We are processing all mail in the order we received it.

Do not file a second tax return or call the IRS.

 It can take 3-4 weeks  (or a LOT longer since the IRS is severely backlogged) for anything to show up on the IRS site when you mail a tax return.  Expect at least several months for complete processing of a mailed return and probably MUCH longer.

If  you mail a tax return (or a payment) to the IRS, it is a good idea to use a mailing service that will track it like UPS or certified mail so you will know it was received.

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. 

TurboTax will not know anything about your mailed return, and will continue to show “Ready to Mail” on your account.  TurboTax will not know that you put your tax return in an envelope and took it to a mailbox.  TurboTax does not get updates on mailed  (or e-filed) returns.

When the IRS opens its mail and begins to process mailed returns you can check the status on the IRS site. https://www.irs.gov/refunds

State returns have to be mailed to the state.

https://ttlc.intuit.com/questions/1899433-how-do-i-track-my-state-refund

If you are wondering if you should send your return again——the IRS does not want you to file a second time.   Putting two tax returns into the system at the same time can lead to confusion and even more delays.   If you did not use tracking and do not know if the return was received—-you have to make your own judgement call and decide if you want to risk further delay by sending the return again.

[Critter-3]

Paper filed returns are taking more than 6 months to process ... many times much longer and all you can do is wait.   The advance CTC payments will not be released until the original return has  been fully processed.

As for the CTC ... what you don't get in advance will be a credit on the 2021 return.  In January you should get an IP PIN from the IRS for the child ... you MUST use that number when filing so that you can claim the child and it will block anyone else from doing so either accidentally or on purpose.  

[Saleemduncan_7]

My sons aunt has filed for my son the last 3 years and I’ve been lied to from his mom that she has been the one doing it. His mother is in jail and her sister who has no legal right over him claims him every year and I’m the one raising him. I would like if you guys can investigate her name is Shawnice Williams 

[VolvoGirl]

Sorry Turbo Tax can't investigate anything for you.  All you can do is file your return correctly.  You will probably have to print and mail your return.  If the IRS gets 2 tax returns claiming your son the IRS will investigate and mail you each a letter.   

[Yazruiz84]

I have temporary custody by the Department of children services of my granddaughter (my son's daughter) for almost 2 years. Someone else claimed her and more likely it was the mother. I got proof that she is under my custody. What can I do?

[xmasbaby0]

@Yazruiz84 

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.

[Tina4224]

Someone did claim my son, and yes my taxes were rejected 3/23/2021, so mailed paper version w fraud form 14039 to IRS, same day, and the IRS hasn't even acknowledged receipt yet,  over 180 days now. So now refund, no child tax credit money, nothing, but it wasn't a red flag the some random person claimed a kid after 11 years, and actually said my child lives w them, but I'm looking at him as we speak, so no he lives w me. And yes I made his father prove in court that he did not claim my kid.  so I wait, for my earned , 5500.00 taxes, 192 days so far..atta boy irs thanks for helping 

[Tina4224]

I have printed and file my income taxes as required, w the fraud form, on March 23, 2021. Still no word.

[Tina4224]

My child lives solely w me, his mother, no one else. Hey if someone says he lives w them, which they did, then come get him and keep my money, how about that

[Critter-3]

It may not have been intentional fraud ... 

Just to let you know how easy this mistake can happen here is a true story ... the IRS only looks at the first 4 letters of the last name, year of birth and the SS# ... my client gave me the wrong SS# (off by one digit)for his child and the dependent was rejected (already filed)  ... we fixed the incorrect SS# and they were accepted ... but this means that someone with the same first 4 letters of their last name,  year of birth and the SS# (that was off by only one digit) filed before my client ... if we had filed first with the wrong # then that other person would have gotten the "already filed" notice ... so innocent mistakes can and do happen.

The IRS is seriously behind in processing 2020 tax returns.  This is due to many factors, such as the pandemic, completing processing of millions of 2019 tax returns, stimulus payments, unemployment compensation exclusion tax refunds., changes in the tax code by Congress in the middle of the 2020 tax season and the like.

Millions of taxpayers have not yet received there federal tax refunds.

Go to this IRS website for operational status - https://www.irs.gov/newsroom/irs-operations-during-covid-19-mission-critical-functions-continue

The IRS is opening mail within normal timeframes and all paper and electronic individual returns received prior to April 2021 have been processed if the return had no errors or did not require further review.   As of October 9, 2021, we had 7.1 million unprocessed individual returns. Unprocessed individual returns include tax year 2020 returns such as those requiring correction to the Recovery Rebate Credit amount or validation of 2019 income used to figure the Earned Income Tax Credit (EITC) and Additional Child Tax Credit (ACTC). This work does not require us to correspond with taxpayers but does require special handling by an IRS employee so, in these instances, it is taking the IRS more than 21 days to issue any related refund and in some cases this work could take 90 to 120 days. If, as a result, a correction is made to any RRC, EITC or ACTC claimed on the return, the IRS will send taxpayers an explanation. Taxpayers are encouraged to continue to check Where’s My Refund? for their personalized refund status and can review Tax Season Refund Frequently Asked Questions.

What you should do: In most instances, no further action is needed but you may check Where’s my refund or you can view your account. If you filed electronically and received an acknowledgement, you do not need to take any further action other than promptly responding to any requests for information. If you filed on paper, check Where’s my refund? If it tells you we have received your return or are processing or reviewing it, we are processing your return, but it may be under review. We’re working hard to get through the backlog. Please don’t file a second tax return or contact the IRS about the status of your return.

Call the IRS: 1-800-829-1040 hours 7 AM - 7 PM local time Monday-Friday
When calling the IRS do NOT choose the first option re: "Refund", or it will send you to an automated phone line.
So after first choosing your language, then do NOT choose Option 1 (refund info). Choose option 2 for "personal income tax" instead.
Then press 1 for "form, tax history, or payment".
Then press 3 "for all other questions."
Then press 2 "for all other questions."
- When it asks you to enter your SSN or EIN to access your account information, don't enter anything.
- After it asks twice, you will get another menu.

Press 2 for personal or individual tax questions.
Then press 4 for all other inquiries
It should then transfer you to an agent.

Or you can contact your local IRS office. See this IRS website for local IRS offices - http://www.irs.gov/uac/Contact-Your-Local-IRS-Office-1 or call 1-844-545-5640 to set up an appointment

Or you may want to contact a Taxpayer Advocate in your area. See this IRS website for Taxpayer Advocate in your area and a toll free number - http://www.irs.gov/Advocate/Local-Taxpayer-Advocate

[5009lelanddr]

We have housed and taken care of our granddaughter for two years, I have proof of school and address, her dad has been taking care of her for two years, mother was in rehab only sees her twice a week

[xmasbaby0]

@5009lelanddr You have not actually asked a question here.   What are you trying to do?   Are you trying to claim your grandchild as a dependent on your own tax return?   Or is your son trying to claim her?   Is there a conflict of some sort?   Is the child's mother trying to claim her?

[Josue Lopez]

For 2020 my girlfriend and I lived at my moms house. I was also working but my mom didn’t want rent money she just wanted me getting our own groceries and saving up. She barely had contact w us as we stayed in the upper floor.  she moved out and since it was in the middle of the pandemic it was hard for her to find a house and we were gonna stay at the basement of her new house but my girls friends mom offered us to stay at her house rent free as long as I’m working buying our groceries picking up the house and picking up after our selfs, basically be ther for my kid. I sometimes gave her money for bills but I was saving up to get our place since I’m only 20 w a 2 year old. She worked and I worked while my girlfriend took care of my son. This was around February when we moved in w her & I was working full time. So my girlfriends mom filed taxes from 2020 and we didn’t get help from her 2020 besides like gifts she brought my son when we rarely seen her. we thought she was gonna give use the 2020 tax money we were gonna put it up to get our apartment. she claimed him on her taxes and didn’t provide w more than 50% and she got the child tax credit and didn’t give us nothing. She got her self a new car and didn’t even get my son shoes or anything my car had no ac all summer and my kid was driving in my car at all times. I was taking him to the doctors taking him out for entertainment. mind you we take care of him all day and night. She says “grandma only show love and hand em back to parents.”I understand that we had a kid young better take care of him.  We asked for the child tax credit and she said no it’s my money since I worked for it. But I did research and is meant to help low income families but didn’t help mine because she kept it for her self if she gave us money I woulda been ok w it. I coulda used it to leave her house sooner.  When I moved in we aggreed I will claim him on my taxes for 2021 and agreed. On September I finally got my own place to leave her house so she don’t say she supported us for more half the year. Cuz she put it in our face that we were staying w her when she offered us to stay there if I was at my moms my mom woulda been fine w me claiming him. So we wanna file a report on her I just wanna know the chances of us winning this case and since we didn’t give her permission will she have to pay us what she got. She already said she keeping the taxes for 2021 and we are in our own house we had plans w that money. It bums us cuz I been there since the beggining trying my hardest to make a better living for just for her to keep money that I feel Is not entitled to her! 

[MarilynG1]

If your girlfriend's mom has not already filed, you should file and claim your child for the Child Tax Credit and Earned Income Credit as soon as possible. 

Then if she efiles later, her return will be rejected.  If she has already filed, you can still claim your child and mail in your return.  You will still get the Child Tax Credit; it will just take longer.

Then the IRS will contact both of you to prove who had the right to claim the child.  You should save any school or medical records showing that your child lived with you and was supported by you.  She will have to pay back the credit amount received, plus penalties. 

Click this link for more info on What to Do if Someone Fraudulently Claims Your Child. 

Here's more info on the Requirements for Child Tax Credit. 

[Sheenafalcon]

What if my sons father used my mailing address with out my permission will he still be able to claim him