Tax Advice / FAQ
Contact Us
Claiming a dependent is usually pretty simple: you give the IRS their social security number, and claim that your relationship with your dependent satisfies a few simple rules. But things can get more complicated: someone else can also claim the same person as a dependent, and if they get their filing in first, the IRS will assume it’s legitimate. What can you do then?
The process is fairly straightforward. An efiled return claiming a dependent who has already been claimed will be rejected, but a paper return will move things to the next step: the IRS will request that both filers demonstrate how they satisfy the criteria for claiming a dependent.
Criteria for Claimin a Dependent
Straight from the IRS website, here are the rules for claiming a dependent:
1. **Relationship** — the taxpayer’s child or stepchild (whether by blood or adoption), foster child, sibling or stepsibling, or a descendant of one of these.
2. **Residence** — has the same principal residence as the taxpayer for more than half the tax year. Exceptions apply, in certain cases, for children of divorced or separated parents, kidnapped children, temporary absences, and for children who were born or died during the year.
3. **Age** — must be under the age of 19 at the end of the tax year, or under the age of 24 if a full-time student for at least five months of the year, or be permanently and totally disabled at any time during the year.
4. **Support** — did not provide more than one-half of his/her own support for the year.
If you can demostrate that the dependent fits these criteria for you (and thus no one else), write up the reasons and mail them in with your tax return.
The IRS can’t tell you who else has claimed the dependent, for several reasons: one is that since they don’t know who made the right claim, they don’t want to violate the privacy of someone who really is claiming their own child. Another is that there’s always the potential for mistakes, and it doesn’t make much sense to punish someone for accidentally writing a “4″ that looks like a “9″ when copying a social security number.
Why Dependents Require a Social Security Number
For a while, this wasn’t the problem: the IRS used to more or less take the taxpayer’s word for it when they claimed dependents. But in 1987, the rule changed to require taxpayers to give a social security number for every dependent they claimed. And suddenly, seven million dependents disappeared. Many of them were probably due to misunderstandings: two divorced parents each claiming all of their kids, for example. But others could have been due to shady behavior, including claiming children while knowing someone else would claim them, or even fabricating dependents entirely.
Contesting a Claim, in Short
Prepare your filing the way you normally would, but instead of e-filing, print it out. Write up a cover letter, covering how your dependent claim satisfies the criteria of relationship, residence, age, and support, and then mail the letter and the filing to the IRS. In most cases, that will settle things. If not, the IRS will audit you and the other person, at which point it makes sense to begin working with a tax attorney who can guide you through the rest of the process.
Tags: dependents
This entry was posted on Tuesday, June 30th, 2009 at 7:25 pm and is filed under Tax Tips and Hints.- Unlimited live support.
- Unlimited W2 forms.
- Free online filing.
- And fast refunds, in as little as eight days!
Is There A # That I Can Call Too See If My Child Has Been Claimed Already?
In what kind of cases would it go further then you demonsrating your position as the rightful HOH?
Hi, I do not know if i am contacting the correct place, but I am seperated from my husband and disabled. Is it possible that he can claim me as a dependent on his tax return?
If so, is there a way i can find out if he has? For some reason this has been heavy on my mind and i need to know if it’s possible.
I have no other of checking online, only through the library computer…so could you email me the answer(s) to my email address?
dz_lnd@yahoo.com
Thank you,
Sincerely,
Linda Diaz
Hi Linda,
One of our customer service representatives will contact you by email regarding this issue.
Thanks.
My federal return was rejected. My boyfriend said he knew I claimed our kid he was just “seeing if he could get anything”. He got the money and i didn’t but according to him I filed first. Could this be?
Hi, My sons father had claimed myself and our son as dependents (2010) and come to find out his aunt had already claimed our son (and possibly myself) because we had lived with them in 2009. We only lived with them for 3 months of 2010 and they never asked for our permission to do so. They are claiming we depended on them during both years but my sons father was working full-time both years (with only a 4 week break because of a death of our best friend). He provided everything for my son and I during both of those years. I’m not sure how to go about this situation and could use any advice regarding this issue, please and thank you!
Hi Jenna,
If your boyfriend’s tax return was accepted by the IRS, and he claimed the same dependent that you did, then his tax return must have been received by the IRS first, unless your tax return had already been rejected for a different reason.
At this point, though, it doesn’t really matter which tax return the IRS received first, because your boyfriend has already had his refund released with your dependent claimed. The only way to rectify the situation so that everyone’s tax return is correct is to have your boyfriend file an amended tax return WITHOUT claiming your dependent. Once the amended tax return is accepted, he will be required to pay back part of his refund to the IRS, and you will be able to file your tax return and claim your dependent. An amended tax return must be filed by mail, but it can be prepared and printed out here at RapidTax.com for a fee. If your boyfriend files his amended tax return, you will probably also have to file your tax return by mail. You may also wish to contact the IRS directly, and see if you can request that the same IRS agent handle the corrections to both your tax return and your boyfriend’s tax return, so that it will be processed without further complications.
Thanks.
Hi Jenna,
Your son’s father would not be able to claim you as a dependent because your relationship to him is not one of the qualifying relationships allowed by the IRS. However, he should be able to claim your son. The best way to rectify this situation is if his aunt will file an amended tax return, and remove your son from her dependents. Then you will be able to file a tax return for that year and claim your son. If you cannot reach an amicable resolution on this matter, you will need to contact the IRS and inform them that she has claimed your son although she is not entitled to, and the IRS will have to take action.
Thanks.
What i do not realize is actually how you’re now not actually a lot more neatly-preferred than you may be right now. You are very intelligent. You recognize thus considerably in terms of this matter, made me individually imagine it from so many varied angles. Its like women and men aren’t interested unless it is one thing to do with Lady gaga! Your own stuffs outstanding. Always deal with it up!
For the pass two years there has been someone claiming my dependent. Making me pay back. I have contacted IRS on numerous occasions even filing motion to reconsider and provided the required documents to get the process started, and nothing has been done. At this point do I need to get an attorney involved? Thank you
Hi Char,
Our advice is that you file your tax return with your dependent listed on it. Although, he/she may already be claimed, this will cause the IRS to audit your tax return. An audit should help resolve the problem. However, you must be prepared to provide proof that the person you are claiming meets the qualifications of a dependent. Consulting an attorney can be expensive, so you may want to consider initiating an audit before seeking legal recourse.
Thank you there was an audit done and I provide everything requested and still I will owe or they never receive my documents.
Is there a way to have someone contact me about this? My boyfriend has a mediated parenting plan and it was stated that hiim and his ex alternate who claims the child every year. This previous year (filing in 2011) she was asked if she claimed the child, she said “just for the child income credit” is there any way to still have this audited? We tried getting ahold of our attorney for information, but he does not even contact us back anymore.
Hi C,
If your boyfriend and his ex both claimed the same child as a dependent, it will automatically prompt an audit from the IRS. An audit should help you sort things out.
The father of my son is trying to claim him. He’s not listed anywhere on the birth certificate no proof that he’s even the father and I’ve never lived with him always by myself and he’s never lived with me. Is the anyway that he can claim my son and what do I do if he does?
Hi Alice,
It sounds like the father of your son doesn’t live with your son or help support him. If this is the case he shouldn’t be able to claim him. In order to claim a child, he or she must live with you for at least half the year and you must provide at least half of their support. If the father does claim him, go ahead and claim him as well. This should prompt an IRS audit and will give you an opportunity to sort the situation out with the IRS.
I WOULD LIKE TO KNOW IS THERE A NUMBER I CAN CALL AND SEE IF SOMEONE FILE ME AS THEY DEPENDENT????
who can i report my brother from claiming myself, he has done for years, when he has not ever suported me at anytime at all?
Hi Jeffery,
The best thing to do is just to paper file as an independent person. You can include a cover letter explaining your situation to the IRS. If your brother claims you, and you do not file as his dependent, this should prompt an audit, which will force him to offer proof of his support for you. Hopefully this resolves the situation.
Hi Bob,
You can call the IRS at 1-800-829-1040 and they should be able to help you find out if you’ve been claimed as a dependent.
What is the next step to take if I efiled my returns already and someone else claimed my children? He pays child support but the children have lived with me the full 12 months out of the year and I support them financially. The IRS has contacted me via email what do I do now?
My soon to be ex husband filed his taxes and used one of our children behind my back. I have the court order and rental agreement showing I had custody of our son. How long does it take approximately to get it resolved? My e-file was rejected due to this situation.
I just went thru a custody battle and the court papers say that I can claim our daughter this year and her father next year… Well I’m worried his fiance is going to try and file our daughter on her taxes… Is there anything I can do to prevent it or if it does happen what can I do?
Hello, I am writing my husband has a 4yr old daughter, who has been living with us since 2009. We took her mother to court recently and were given full custody. My husband was deployed for 2010 and at that time my stepdaughter lived with me in our home. Her mother filed her on her taxes without our knowledge . But the mother did not provide any financial support since birth and she did not live with her at all. My husband supported her the entire time. Is there anything we can do I do have documents showing the child lived here and attended school the entire time in nc with me while her father was deployed.
Hi Terria,
If you and your husband are filing jointly, the best thing to do is file as you normally would, claiming his daughter as a dependent. Instead of e-filing, you can paper file and submit along with your return a letter explaining the situation to the IRS. Two people claiming the same dependent will most likely provoke an audit, which should help settle the matter in your favor.
Hi Jessica,
The best thing to do in this situation is to call the IRS at 1-800-829-1040. You can explain your situation and they should be able to tell you if your daughter has been claimed. If someone else does claim her, the best thing to do is file as you normally would, claiming your daughter like you were supposed to. You can submit a letter with your return explaining your situation to the IRS. If it comes to that, the IRS will audit your returns, which should settle the matter in your favor.
Hi Tracy,
The first step is to call the IRS at 1-800-829-1040. Explain your situation and get their advice. If your e-file has been rejected, you can always paper file and along with your return include a letter explaining how the child is rightfully your dependent. When two tax filers claim the same dependent, the IRS usually follows up with an audit, which should settle the matter.
Dear Distraught,
The best thing to do is get in contact with the IRS, either by emailing them back or calling at 1-800-829-1040. Explain your situation and get their advice. You can also paper file your return and claim your child as a dependent anyway, this should prompt an IRS audit which will give you the opportunity to prove the child is your dependent.
HELLO, IM WRITING BECAUSE I TRIED TO E-FILE MY TAXES YESTERDAY AND THEY WERE REJECTED STATING THAT SOMEONE HAD ALREADY CLAIMED MY DAUGHTER AS A DEPENDENT….WHAT CAN I DO TO GET THIS TAKIN CARE OF BECAUSE I DIDNT GIVE ANYONE MY PERMISSION TO CLAIM HER..
Hi Tasha,
The first thing to do is call the IRS at 1-800-829-1040. Describe your situation to them and get their advice. They should be able to help you. Also, though your e-filed return was rejected, you can also paper file. Be sure to include a cover letter explaining your situation to the IRS and providing evidence that your daughter is in fact your dependent. Two different returns claiming the same dependent should provoke an audit, which will allow you to sort this situation out.
I just got my taxes rejected because it says that my 2nd dependent was already claimed on someone else taxes…… I believe its my daughters father, how can i find out???? Im so upset because im in NJ he’s in FL, doesnt pay child support or anything….. Please, what should be my next step?
I e-fied my taxes and someone has claimed 2 out of 3 of my children. I then Paper filed my taxes and sent a cover letter explaing what happed alon with a court order from the jude showing who can claim my children (just in case their father claimed them) if he did in fact claim them and i proved my point to the IRS by sending proof will my process go faster? And will the IRS notify the courys that he brock an court order.
Tried to file yesterday for my 4 year old granddaughter as I have been doing for the past 4 years.
It was rejected so as I was advised by IRS I sent in a paper return along with copies of my daughters and granddaughters birth
certificates and their social security cards and my state id. So that they can see we are indeed grandmother and granddaughter plus we all have the same last name. We are positive it was my nephew not only does he have a different last name but he has no right because he does not support her nor does he reside with her. Do you think I sent enough proof to correct this issue. What is the procedure now with that being done and about how long does it take.
hi i just filed my taxes and was told it was rejectd because someone claimed my daughter the weird thing is they didnt claim my son can i call the irs to find out who claimed my daughter i ask there mother and she swore up and down hat no one i her family claimed her but i think she is full of it i just waned to know if i can call the irs to find out who claimed my child
if my son is claimed on his mothers, mothers taxs and i have a court order that i claim him on the odd number years and she claims him what will happen to her and is that even legal for her to do. and if she already filed and i go to file him sents he leaved with me the whole year and the mother never payed child support or had anything to do with him.
Hi Daniel,
The best thing to do in this situation is call the IRS at 1-800-829-1040 and get their advice. You should be sure to file as you normally would, claiming your son like you are entitled to. Even if your e-file is rejected on these grounds, you can still paper file and include a cover letter explaining your situation. Two people claiming the same dependent should spark an IRS audit which will then give you an official opportunity to resolve this situation in your favor.
Hi Adam,
Yep, you can give the IRS a call at 1-800-829-1040. They should be able to tell you if your daughter has been claimed and by whom. They should also be able to advise you on the best way to resolve the situation.
Hi Sherryl,
You did the right thing paper filing and explaining your situation to the IRS. Unfortunately, in order to claim her as a dependent, you have to do more than just prove your relationship and their age. You also have to prove that they lived with you for at least half the tax year and that you provided at least half of their support. But don’t worry, if two people claim the same dependent, the IRS usually audits the returns. This should give you an opportunity to prove officially that the girl is your dependent.
Hi Aundrea,
You did the right thing paper filing and providing proof that the kids are your dependents. It sounds like you provided pretty definitive proof that should clear the matter up pretty quickly. At this point, the worst thing that can happen is that the IRS audits both of your returns and then decides the kids are your dependents. As for the IRS notifying the court, you’ll have to call them at 1-800-829-1040 and ask them if they can do that sort of thing.
Hi Joamy,
Your next step should be to call the IRS at 1-800-829-1040 and find out who claimed your dependents. Then, you should paper file, just as you normally would, but include a cover letter explaining your situation and offering evidence that the dependents are in fact your dependents. If worst comes to worst, the IRS will audit both of your returns and then give you the opportunity to prove once and for all that the dependents are yours.
Thank you!
Now what kind of proof is acceptable that she lives with me. She is 4 years old.
Hi Sherryl,
According to the IRS, you can prove that your dependent lived with you by school, medical, daycare, or social service records that show you and the child sharing the same address. You can also provide a letter on the official letterhead from a school, medical provider, social service agency, or place of worship that shows your names, common address, and dates. In some cases, the IRS may require you to show more than one document. This IRS form can help you figure out which documents are acceptable.
My mother has custody of my little cousin and has had custody of her for a few years now. She tried to claim her as a dependent on her taxes, but it was rejected because they say she was already filed. She gave noone permission to file her, so what can she do to resolve this problem? She has no idea who did it, but she thinks that the childs mother went and gave someone her social security number to someone to file her…… so we need advice on how to get this resolved. Thank you in advance!
My kids dad went to get his taxes prepared his information was rejected it was said that our son has already been carried I didn t give anyone bt him permission to carry him what should I do.
My sons moved in a lady with her three children and the have one of their own. the lady’s father claimed three of the children last year and gave them 2 of 3 thousand dollars and helped himself with the rest. This year he has done so again and told them he would give them 5 thousand dollars and keep the rest. Ms son is very upset about this situation. the children live in his home and he provides for them. his father in-law claim he is always having money problems and takes food and money during the year from them. what can my son do?
Hi Champ,
One thing is clear: the children are not rightfully the dependents of their grandfather. They do not live with him for at least half the year, and it doesn’t sound like he provides at least half of their support. If your son and this lady are married, they can file a joint return and claim the children as their dependents. If they aren’t married, then the only person who can claim them is their mother. She can do this even if her father claims them by filing a paper return and including a cover letter and evidence that they are indeed her dependents. This should resolve the problem. If not the IRS will audit both their returns and she will have an opportunity to prove her case.
Hi Shawn,
The first thing to do is call the IRS at 1-800-829-1040 and find out who is claiming your kids. If someone else has claimed him, you can paper file and include a cover letter explaining your situation and evidence that the child is in fact your dependent. If this doesn’t resolve the situation, the IRS will audit both of the returns in question, giving you the opportunity to prove your case.
Hi Felicia,
The first thing to do is call the IRS at 1-800-829-1040. They should be able to tell you who claimed the girl as a dependent. The way to resolve the situation is for your mother to paper file as she normally would, claiming her niece as a dependent. But she should also include a cover letter explaining her situation as well as evidence proving the child is rightfully her dependent. If this still doesn’t resolve the situation, the IRS will audit both returns, giving your mother a chance to prove her case once and for all.
I went to file my taxes and it were rejected because one of my children had been use. Unfortunately it was my son that passed away in October. What do I need to?
Hi,
My dependent has been claimed by his aunt but she did not take care of him or he does not live with her what next step do I take so that I can rightfully carry him as my dependent