What do I do if someone claimed my child who should not have?

[bluedeb · Accepted solution]

Here’s what to do

Don’t panic. This doesn’t mean that you can’t correct the situation. First, double check that you meet all of the requirements to claim the dependent. Then, take these steps:

1. File a paper return.

Print out and mail your return, claiming your dependent, to the IRS. The IRS may delay your refund while the IRS looks into the issue, but you should still receive your refund. Note that when you file a paper return, it can take six to eight weeks for the IRS to process.

2. Document your case.

The IRS rules for claiming a dependent can get complicated.

The most important thing to remember is to prove with proper documentation that you are entitled to claim the dependent. This includes things like birth certificates and proof of identity, but also documents that show that your dependent lived with you at the same address for more than half of the year.

Examples are:

• School, medical, daycare, or social service records
• A letter on official letterhead from a school, medical provider, social service agency, or place of worship that shows names, common address and dates
• The IRS will ask you to complete this document.

3. Answer when the IRS contacts you.

About two months after you file a paper return, the IRS will begin to determine who is entitled to claim the dependent.

You may receive a letter (CP87A) 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, do nothing.

The other person who claimed the dependent will get the same letter. If one of you doesn’t file an amended return that removes the child-related benefits, then the IRS will audit you and/or the other person to determine who can claim the dependent.

You’ll get a letter in a few months to begin the audit. In the audit, the IRS will require you to provide proof that you are entitled to claim the dependent. Be sure to reply completely and by the IRS deadline. After the IRS decides the issue, the IRS will charge (or, “assess”) any additional taxes, penalties, and interest on the person who incorrectly claimed the dependent.

You can appeal the decision if you don’t agree with the outcome, or you can take your case to U.S. Tax Court.

It’s always a good idea to discuss claiming children with your family members before a situation like this arises, if possible.

[LeonardS]

1. File a paper return claiming your dependent the IRS may delay your refund but you should still receive your refund. Note that when you file a paper return, it can take six to eight weeks for the IRS to process.

2. Document your case.  The most important thing to remember is to prove with proper documentation that you are entitled to claim the dependent. This includes things like birth certificates and proof of identity.  Documents that show that your dependent lived with you at the same address for more than half of the year can be:

•  School, medical, daycare, or social service records
• A letter on official letterhead from a school, medical provider, social service agency, or place of worship that shows names, common address and dates

The IRS will ask you to complete Form Supporting Documents for Dependency Exemptions

3. Answer when the IRS contacts you.  About two months after you file a paper return, the IRS will begin to determine who is entitled to claim the dependent.