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What do I do and who do I report to , I have sole custody, disabled andmy payees have been claiming my children 4yrs now on their taxes, I get rejected.. help pls

 
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2 Replies

What do I do and who do I report to , I have sole custody, disabled andmy payees have been claiming my children 4yrs now on their taxes, I get rejected.. help pls

You will have to print and mail your tax return claiming the dependents.  If you are owed a tax refund the IRS will pay the refund.

Within a year the IRS will investigate who was eligible to claim the dependents.  The losing party will have to pay back any tax refund and pay penalties and interest.

 

See this TurboTax support FAQ for printing a tax return for mailing - https://ttlc.intuit.com/community/printing/help/how-do-i-print-and-mail-my-return-in-turbotax-online...

Hal_Al
Level 15

What do I do and who do I report to , I have sole custody, disabled andmy payees have been claiming my children 4yrs now on their taxes, I get rejected.. help pls

If someone else claimed your child inappropriately, and if they file first, your return will be rejected if e-filed. You would then need to file a return on paper, claiming the child as  appropriate. The IRS will process your return and send you your refund, in the normal time. Shortly (up to a year) thereafter, you'll receive a letter from the IRS, stating that your child was claimed on another return. It will tell you that if you made a mistake to file an amended return and if you didn't make a mistake to do nothing. The other party will get the same letter you did. If one of you doesn't file an amended return, unclaiming the child, the next letter, from the IRS, will require you to provide proof. Be sure to reply in a timely manner.

Winner gets the tax benefits; loser gets to pay the IRS back with penalties and interest.  The custodial parent almost always wins. The IRS goes by physical custody, not legal custody. The non-custodial parent can only claim the child as a dependent if the custodial parent gives permission (on form 8332) or if it's spelled out in a pre 2009 divorce decree.  

 

You can file amended returns, for  3 years back, to claim dependents.  An amended return for 2016 must be filed by 4-15-20. 

 

References:

https://www.thebalance.com/claiming-same-dependent-audit-risk-3193030 

http://taxes.about.com/od/dependents/qt/Dependents-Audits.htm

www.eitc.irs.gov/EITCCentral/f886-h-dep.pdf

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