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Level 1

What to do if someone else claim my son on thier incom tax without my permission

someone has stolen my son idenity and mines what do i do
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Level 11

What to do if someone else claim my son on thier incom tax without my permission

If this is a case of some other known person, claiming your and/or your child's tax exemption, rather than actual identity theft, it should be handled differently.

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 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.

44 Replies
Level 1

What to do if someone else claim my son on thier incom tax without my permission

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Level 1

What to do if someone else claim my son on thier incom tax without my permission

How can I stop someone else from claiming my kids? Is there a form I can fill out to prevent this from happening?
Level 11

What to do if someone else claim my son on thier incom tax without my permission

No. All you can do is file your own return. On paper, if necessary.
Level 1

What to do if someone else claim my son on thier incom tax without my permission

When you send the paper return do you have to send a note saying that the return rejected due to someone else claiming the dependents?
Level 11

What to do if someone else claim my son on thier incom tax without my permission

No. Just mail the regular forms
Level 11

What to do if someone else claim my son on thier incom tax without my permission

If this is a case of some other known person, claiming your and/or your child's tax exemption, rather than actual identity theft, it should be handled differently.

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 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.

Level 1

What to do if someone else claim my son on thier incom tax without my permission

yes i would like to know where can i go at to find out who file my child without my permission
Level 11

What to do if someone else claim my son on thier incom tax without my permission

The IRS will not tell you that.
The usual suspects are:
1. The other parent
2. The child claimed his own exemption
3. Some other member of the household (e.g. grandparent)
4. Someone else the child lived with for part of the year
Level 1

What to do if someone else claim my son on thier incom tax without my permission

Excuse me. But I had the same problem. I found out through the electronical-email that she was claimed already. I am the costudial parent! I filled out the 3949-A form to report the person. Now I sent also a copy of the letter that I got back from the electronic email stating that I couldn't get to claim my daughter because she was already some ones dependent. So do you think I sent the right papers or no??
Level 11

What to do if someone else claim my son on thier incom tax without my permission

No. That may make trouble for the other person (probably not) but it's not going to get you what you want.
All you have to do is file your tax return. You claim your dependent and what ever tax benefits that dependent entitles you to (Child tax credit, earned Income credit, day Care credit, exemption, Head of Household filing status). The only thing you have to do different is mail a paper return. You cannot e-file.
Level 1

What to do if someone else claim my son on thier incom tax without my permission

Me and  my son  dad  have  a 8332 and his taxes wss rejected  someone  has claim our  son
Level 1

What to do if someone else claim my son on thier incom tax without my permission

form 8342
Level 1

What to do if someone else claim my son on thier incom tax without my permission

But what happen if the custodial parent give the father the right in file the try to tell irs she didnt give the non custodial parent the right ?
Level 11

What to do if someone else claim my son on thier incom tax without my permission

You lose. The IRS requires the custodial parent to give the non-custodial parent permission, in writing, on IRS form 8332. If you do not have a signed form 8332, you never had permission.