What do I do if my child was claimed EIC by my boyfriend who was not permitted to claim them as a dependent or on EIC.

[mmperry330]

My boyfriend claim my son as EIC.  However my son did not live with at any time during 2017.  Also, he has provided no support whatsoever.  He has not paid any child support.

My return was rejected because my son had already been claimed on EIC.  

What should I do now about filing my taxes? 

[Lisa995]

Your only option is to print, sign and file your return on paper.  The IRS will send letters to both you and the person that claimed the child and request proof that you are entitled to claim the child.

[macuser_22 · Accepted solution]

If a dependent that you are entitled to claim has already been claimed by another taxpayer, your e-filed return will reject since the child's SSN has already been used.

Your only recourse is to file a correct tax return, claiming what you are entitled to claim, then print and mail the return.

The IRS will process both returns and pay any refunds. Shortly (within a year) the IRS will mail letters to both taxpayers asking if their tax return was filed in error and suggesting that they amend if they improperly claimed the child.

If neither taxpayer amends, the IRS will send a second letter asking for each taxpayers proof that they are entitled to claim the dependent, such as proof that the child physically lived with them more than half the year. School records, child care records, household receipts, medical bills, etc., that show that the child lives with you should be retained.

The IRS will evaluate each taxpayers claim and award the dependent to one taxpayer, the other will have to payback any refund received plus interest and possible penalties. The parent that had physical custody usually always wins.

Do not ignore the letters or you will loose.