How to file your taxes when someone else has already claimed your dependent
Claiming a dependent is usually pretty simple: you give the IRS their social security number, certifying that your relationship with that person satisfies a few simple rules. But things can get more complicated, especially if someone else also claims the same person as a dependent. If they file their return first, the IRS will assume it’s legitimate and award them the full tax benefit of the dependent. Then your return will be rejected when you try to e-file.
What can you do then?
The process is fairly straightforward. After your e-filed return has been rejected because someone else claimed the same dependent you need to file a paper return. You can still prepare your return online, but instead of e-filing you will need to print it out, sign it, and mail it to the IRS. Be sure to include a cover letter explaining your situation to the IRS as well as evidence proving that you have the right to claim the dependent.
The IRS will then review both returns claiming that dependent and award them to the taxpayer who most deserves to claim them.
The first thing to do is to make sure that you actually can claim the person in question as a dependent. There are two types of dependents, qualifying children and qualifying relatives, and both have different requirements.
Criteria for claiming a qualifying child
In order to claim someone as a qualifying child, he or she must
- Be your biological or adopted child, stepchild, foster child, sibling, half sibling, stepsibling, or a descendant of one of these
- Be under age 19, under age 24 if a full-time student, or any age if permanently and totally disabled
- Be a U.S. citizen or resident, or a resident of Canada or Mexico
- Be unmarried, or married but not filing a joint return
- Have lived with you for at least half the year, unless absent due to illness, education, business, vacation, or military service
- Not have provided more than half of his or her own support
Criteria for claiming a qualifying relative
In order to claim someone as a qualifying relative, he or she must
- Have lived with you all year as a member of your household, or be one of the following family members: child, parent, sibling, stepparent, stepchild, stepsibling, half sibling, grandparent, grandchild, child-in-law, parent-in-law, sibling-in-law, uncle, aunt, niece, or nephew.
- Be a U.S. citizen or resident, or a resident of Canada or Mexico
- Be unmarried, or married but not filing a joint return
- Not be a qualifying child of you or someone else
- Have a gross income of less than $3,800
- Have more than half of their total support for the year provided by you
When you sent your cover letter and evidence along with your return, you should strive to prove that you satisfy all of the requirements for the type of dependent that you are trying to claim.
Can I find out who claimed my dependent?
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.
What if two people both meet the requirements to claim a dependent?
If two different people both have the right to claim the dependent according to the criteria listed above, the IRS will generally award the dependent to the person with whom the dependent lived for the greatest amount of time during the tax year. If the dependent lived with both people for an equal amount of time, then the IRS will award the dependent to the taxpayer with the higher AGI.
Why dependents require a Social Security number
For a while, dependents didn’t require a Social Security number at all. The IRS used to take taxpayers’ 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.
Prevent this in the future
The problem this year can be solved by mailing in a paper return, but how do you prevent this from happening in future years? The IRS is working to improve its safeguards against tax fraud and identity theft, but these aren’t perfect. The best thing you can do to prevent someone else from claiming your dependent is to file your taxes as early as possible. That way your e-filed return will be accepted and theirs will be rejected. Then you’ll get your refund on time and the burden of proof will be on them to prove they meet the dependent criteria.
Photo via CarbonNYC on Flickr.
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This entry was posted on Tuesday, June 30th, 2009 at 7:25 pm and is filed under Tax Tips.- Unlimited live support.
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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
i want to know if i can claim 3 children that i am sharing a house with there mom on my taxes
Hi Sandra,
Based on your comment, it doesn’t sound like you are related to the children in question. In order to be your dependent, a child must be your child or stepchild (by blood or adoption), foster child, sibling or stepsibling, or a descendant of one of these. Furthermore, a child can’t be claimed as a dependent by more than one taxpayer, so if their mother is claiming them, that means you can’t.
Hi Tierra,
The best thing to do is paper file your return claiming your dependent. If you try to e-file, it will be rejected because the dependent has already been claimed, but you can still paper file. Include with your return a cover letter explaining your situation and evidence proving how you and the dependent pass the four tests described in this post (relationship, residence, age, and support). If this still doesn’t resolve the issue, the IRS will audit both your return and your aunt’s. This should give you an opportunity to prove definitively that the dependent is yours.
Hi Angela,
The best thing to do is paper file your return. Even though your son passed away, you can still claim his as a dependent for the year. When you paper file, claim him as a dependent and include a cover letter explaining your situation and evidence that proves you and your son pass the four tests (relationship, residence, age, and support) described in the body of this post. If this still doesn’t resolve the problem, the IRS will audit both of the returns in question and this should resolve things in your favor.
My child filed his taxes and got money back. However, he has lived at home for over the entire past year as well as he has been supported by myself and my wife for a majority of the year. Is there a way for us claiming him to override himself? Thank you.
my daughters fathers friend that is a femaile lives with him and she had claimed my daughters for the past 5 years and i was unable to because she beat me to it illegally because he could not we have our children half and half and she claimed the entire year and i wanted to know if i can claim my children now for those years and if she will ust have to pay the irs back or how that works exaccrly? what do i need to provide? and who do i conatct and how long is the process take to get my refund for the past 5 years ?
I just tried ti file my taxes and it was rejected twice saying my 2 kids social security number was already used. I don’t know what to do next.I kept trying to resend it and it keeps rejecting me to file. My kids lived with me all their lives and I claim them every year.Now this will hold me up for getting my refund within the normal two weeks I usually get it.
Do you around how long it takes after mailing your taxes and proof that the kids stay with you? I really needed my money fast.
can my son claim me as a dependent when he files his taxesif I get medca and foodstamps but have no income at all since 2010
Hi Shely,
There are two types of dependents: 1) qualifying child, and 2) qualifying relative. Since you are his mother, you cannot be his qualifying child, but you can be his qualifying relative IF a) your gross income for the year is less than $3,700 and b) your son must have provided more than half of your total support for the year. Refer to this section of IRS Publication 501 for further details.
Hi Lakeyasha,
You did the right thing mailing in a paper return and providing evidence that the dependents are yours. Unfortunately, the best case scenario for the IRS reviewing a paper return is six to eight weeks. If they have to review evidence, it can take as long as six months. And all of this is assuming that your return doesn’t get audited. In that case it could potentially take even longer.
Hi Stacy,
The best thing to do is call the IRS at 1-800-829-1040. Your situation is so unique, I’m not sure exactly how to handle it. I will tell you that even if you can retroactively claim dependents for the last five years, you will only be able to get a refund back for the last three years.
Hi Josh,
It is possible to still claim him, provided he is either under age nineteen, or under twenty-four and a full-time student. If so, all you have to do is paper file your return with a cover letter explaining your situation and offering evidence that he is your son, that he lived with you for half the year, and that you provided more than half his support. If there’s still a question in the IRS’s mind, they’ll audit both of your returns.
Two issues here;
(1) A life long friend of the family, age 59, dying with cancer, separated from an evil spouse with no place to go and now on food stamps, lived with us for most of 2011. Her husband is devious and money hungry like you would not believe. We have cared for her for more than 9 months out of the year but I am certain the husband will claim her on his taxes. What should we do and shouldn’t we be claiming her on our taxes?
(2) Living with us for all of 2011 is also my 20 year old son, his girlfriend and their child which is our grandson. I just learned the mother’s brother, even though the child lived here sense it’s birth in August 2011 and the mother lived here for all of 2011, has claimed them on his taxes. I was shocked, they have only been there for two weekend visits and that was only recent in 2012.
Thank you so much in advance for any feed back as I may not get the chance to reply.
hi
i have i my daughter and her father and i have joint custody so each year either parent has to report her. this year it was his year but am not sure if he reported heror someone else how can i figure out he claim her this year ?
I just tried to claim my fiance child that has lived with us for 2 years. She moved with her aunt in november of 2011. When i sent my return it said she has been claimed already, what should i do we have school records and everything.
My fiance daughter lived with us for two years. She moved with her aunt in November 2011. I cliamed her last year, but when i did my returns this year it rejected them because someone else claimed her. We took care of her the entire year though. What should i do?
I just found out someone claim my daugther. I never recieve her first ss card in the mail I had to reapply for it I just moced to this place before I give birth what im I suppose to do.
Hi Sandy,
You should paper file your tax return and claim your daughter as a dependent, only be sure to include a cover letter explaining your situation to the IRS as well as evidence that she is your dependent. You don’t need a Social Security card – here’s a document with all the acceptable evidence. If this doesn’t resolve the problem, the IRS will audit both your return and that of the person who claimed you, giving you an opportunity to prove your case for good.
Hi Des,
First off, it doesn’t sound like you yourself are eligible to claim her. In order to claim a child as a dependent, the child must be your son, daughter, adopted child, stepchild, brother, sister, stepsibling, foster child, or a descendant of one of these. Now, if your fiance wants to claim her, he should submit a paper return claiming her as a dependent along with a cover letter explaining his situation and evidence that she was in fact his dependent. The IRS will either award him the dependent or audit the two returns claiming him, giving him an opportunity to further prove his case.
Esmeralda,
The best thing to do in this situation is give the IRS a call at 1-800-829-1040. They should be able to tell you if she has already been claimed.
Hi Flip,
To address your first issue, from what you’ve told me, it sounds like you should be able to claim her provided she lived with you all year as a member of your household, her gross income is less than $3,700, and you provided more than half of her support. Her husband will not be able to claim her, as they are married. As for your second question, you should be able to claim them both. Your son’s girlfriend has to meet the same requirements as your family friend, but your grandchild sounds pretty definitely your dependent. If someone else claims them, file a paper return claiming them both and include a cover letter explaining your situation as well as evidence that they meet all the requirements of your dependents. Here’s an IRS publication that could be helpful in sorting through the details.
hi someone used my daughters ss number without me knowing i never gave her ss to any one but i was gnna do my taxes with this income tax place and i didnt like how much they were charging so she said ok and gave me my daughters ss card back but when i had went to do my taxes at my regular place i go to my taxes were rejected saying someone else claimed my daughter besides me what can i do i sent the irs the taxes thru the mail will i still be able to get my taxes if so how long will it take
Hi Vanessa,
You did the right thing paper filing your return in the mail. Did you send a cover letter explaining your situation and evidence proving your daughter is your dependent? The IRS will need this information in order to let you claim her. If the evidence that she’s your dependent is inconclusive, the IRS will audit both returns, giving you a chance to prove that she’s your dependent once and for all. A normal paper return can take up to six weeks to process, but processing evidence, and an audit, could take even longer. It’s impossible to say, but it could be anywhere from six weeks to six months.
I was taking care of my girlfriends child since she was born sept 7, 2011. My girlfriend gave me her daughters social so i can claim her daughter since she was not working.I filled taxes yesterday. Now the father of my girlfriends daughter wants to file taxes and claim my gf’s daughter. What will happen, and who will win? this is with my girlfriends consent of her daughter.
Hi James,
If two taxpayers claim the same dependent, the IRS will most likely audit both returns. You’ll then be asked to offer evidence that the child in question is in fact your dependent. The IRS will then award the dependent to whoever has the more legitimate claim.
Thanks for the response tax adviser much appreciated.
I want to ask I had 2 kids born at USA but cause the INS canceled my working permit i back to my country that mean I can’t claim them, so my aunt finally claim them, I am afraid of it ,later if my child can not sponsor me so I could go back to live in usa, you think that’s legal they claim my child but my child does not live in the usa?
Hi Rick,
Yes it is wrong. In order for your aunt to claim the children as dependents, they must have lived with her for at least half the year. If she lives in the U.S. and the children do not this would be impossible. The best thing to do in this situation is to contact the IRS at 1-800-829-1040.
I have custody of my grandchild but do not file return, we receive ssi disability, and I think that my daughter is claiming him on her return. How can I find out and what can be done. She does not support child in any way and he doesn’t live with her at all.
hello, my question is: over a year ago I lost my son documentation he is two years, I think people where we leaved at used to claim him as dependent. what I can do to report it and where?
Hi Shelai,
The best thing to do in this situation is to call the IRS at 1-800-829-1040. Explain your situation and they should be able to tell you if your granddaughter is being claimed as a dependent. You might consider paper filing a return and claiming your granddaughter as your dependent (include a cover letter and some evidence). At the very least this would prompt the IRS to audit both returns, which would probably deny your daughter the ability to claim the child.
Hi Jackie,
The best thing to do is call the IRS at 1-800-829-1040. Explain your situation to them and they should be able to tell you if he has been claimed and what to do about it.
I think I’m clear based on reading the article but I want to be sure. I live in VA and my son’s mother lives in SC. We agreed to claim him alternately. This is my first year claiming him but my e-file was rejected saying SSN has already been claimed. His mom said she didnt claim him. If I submit a letter stating the previous will that suffice? Will him living in SC affect my claim? I provide most of the financial support.
Thanks
-LJ
Hi LJ,
You can call the IRS at 1-800-829-1040 and ask them who claimed your son. Even when your e-file is rejected, you can still paper file your return and claim your son as a dependent. Be sure to include a cover letter explaining the situation and evidence that proves he’s your dependent. At worst, the IRS will audit both returns and you will have an opportunity to prove your case. There does seem to be a little problem, though, based on your comment. In order to claim a child as your dependent he must live with you for at least half the year. There are exceptions, such as illness or education, but it doesn’t sound like they apply in this situation. Check this IRS publication to make sure your son really does qualify as your dependent.
Hi, this is my first year filing a tax return and I might end up In a situation similar to some here. My sister and nephew lived with me last year and I provided half of his support. My sister asked me to claim my nephew on my taxes and give her the refund to help her out since she didn’t have a job last year. I agreed and my return was accepted by the IRS but last night she told me that my nephew’s grandmother called saying she tried to claim him as well but was rejected by the IRS because I already did. My sister said she let her claim him in the past but this year she told her not to file. My question is since the grandmother tried to file electronically but failed will I be audited? My sister says she straitened things out with the grandma and she is not going to file by mail in an attempt to claim him but I am wondering if te simple fact that she tried electronically will effect the return, will I be audited? Will it be delayed? As I said this is my first year and I don’t really know what to expect lol. Please any help would be appreitiated.
Hi Rey,
You shouldn’t be audited just because someone tried and filed to e-file with a dependent you already claimed. If she doesn’t paper file and contest your claiming of the dependent, the IRS is most likely going to assume you’re in the right. And if you do get audited, don’t panic. As long as the dependent is rightfully yours there’s nothing to worry about.
Hi, I just have one quick question. I know I’m probably over thinking this. But, my husband is 20 he turned 20 in December of last year. The tax person him and his mom used said that she could claim him because we got married in August of 2011. He didn’t go to College this past year like he did in 2010. So my question is, did the tax person tell his mom the right thing? Because he is having to pay his mom for the money she is losing by not claiming him because he claimed me and our 8 month old son. Thanks in advanced.
My concern now is that my ex claimed our daughter and we were supposed to split half of the return since we separated in September 2011, but now he is telling me I am not going to get anything!!! He is bitter about our split and says I don’t deserve a thing!!! I find it very unfair because we both take care of our daughter. I pay for all of her medical insurance since she was born. She is now 3.5 years-old.
I am struggling because I only work part time, and my daughter need new clothes, but I am not the type to ask for money from my ex.
My question now is that we both e-filed already. I know this might seem harsh, but I have to do something about it its just not fair…I am considering of amending my taxes, and re-filing and claim my daughter as well. I will submit it via mail…is this a bad idea?
Will my previous filing affect anything or make the IRS take his side since I do already know he claimed her?
I’m 22 years old. My father claimed me on his tax return even though I didn’t live with him. And I graduated from college last year so I was only in school full time for 3 months out of the year. I paid for my schooling and my other bills and I worked full time and even provided the majority of the household for my disabled mother. My father told me he would amend his taxes so that might make it easier, so I included a note in my tax return stating that he made a mistake and will amend them. Now, it turns out he refuses to do it. How will the IRS sort all of this out?
Hi Hannah,
There are two types of dependents: qualifying children and qualifying relatives. Your husband cannot be a qualifying child because he is not under 19 or under 24 and a full-time student. Your husband may, however, be her qualifying relative but only if his gross income was under $3,700 and his mother provided over half of his support. If this is not the case, he can’t be her dependent. Also, FYI your marriage status is determined by the last day of the year. So if you were married on December 31, 2011, the IRS will consider you married for all of 2011. He is under no legal obligation to pay his mother for the money she is “losing.”
Hi Kira,
Amending your return to claim your daughter only makes sense if you can definitively prove that she is your dependent. Can you prove that she lived with you for over half of the year? Generally, if two parents claim the same dependent, the IRS will award the child to the one with whom the child lived for the longest time over the course of the year.
Hi Nicole,
From what you’ve told me, it sounds like you are definitely not his dependent, so the good news is that it shouldn’t be hard to prove that to the IRS. You did the right thing including a note with your return explaining the situation. The IRS should audit both of your returns and ask you both for evidence. The bad news is that audits can often take a long time. You might call the IRS at 1-800-829-1040 to see if there’s anything you can do to expedite the process.
Hi my niece and her two children had been residing with me for almost two years. I provided for the three of them. She worked a couple if jobs but not for long did not make over $2500 and still did not contribute to the household or her children. I finally had an enough and told her that she had to leave, which she did (in September 2011) and she returned a month later (October 2011) to pick up her kids. The kids still continued to come over for weekends and holidays after they left. I talked to her the other day and she told me that someone claimed the kids on their taxes. She said that the person how claimed them is her friend’s sister, who lives in another city and she has never met. I know that that person does not really have any legal rights to claim them and I was really thinking about filing via paper to claim them. Of course I never claimed her but should have and she told me that I could claim her (I mean REALLY). What do they do to the person that claimed a person, received money for claiming that person but really did not have any legal rights?
Hi Geri,
This woman will be made to pay the tax that she rightfully owes the IRS along with penalties and interest, but this is only likely to happen if the IRS catches something wrong with her return and audits it. You might give them a call at 1-800-829-1040 to see what they recommend doing.
Hello,
I have a question my husbands ex wife doesn’t allow him to claim his two children even though she doesn’t work she lets her sister who lives in a different address claim them to help her sister not have to pay and for her to receive money..
what should he do?
Hi Gina,
Well, what you should do depends on whose dependents the kids actually are. If they are your husband’s dependents – which would involve them living with him – then he should file his return claiming them as dependents. Paper file so that it’s not rejected and include a cover letter explaining the situation and evidence that proves they are indeed his dependents.
i have a similar situation of some on here and i was wondering if you could help..i recently had my son in september,when i went to file my taxes this year it was rejected.i was told that my dependent was already claimed.his father pays me money but doesnt live with us and doesnt know his social security number. i want to know if theres any way i can find out who has tried to claim him.he resides in my care, under my roof and i just dont understand it..please please help me out..
Hi Brittany,
From what you say it sounds like your son is indeed your dependent. The best thing to do in this situation is to give the IRS a call at 1-800-829-1040 and explain your situation to them. And don’t worry, even though someone else has claimed him, you can still claim him. You’ll just have to paper file and include with your return a cover letter explaining your situation and evidence that proves your son is your dependent. The IRS will either award him to you, or audit both returns that claim him, giving you a final chance to prove your case. Good luck!
Hi! I was needing some advise. I claimed seven children on my taxes. Three are my natural born children, three are children who I am in the process of adopting and lived with me the entire year, and one is a foster child that lived with me for 8 months last year. I e-filed but it was rejected because someone claimed one or more of my children. I can’t find out which child, or if it was more than one of them, or anything. I am planning to send the form by mail along with the proof showing that I have the right to claim each of them. My questions are…how long might it take to get this resolved, and now that I know how to handle the federal taxes, how do I approach this with my state taxes? I moved so I have to file with both Alabama and Louisiana.
I tryed to claim my daughter but couldn’t, because her ss num was already claimed ho
w do I find out who the other person is who claimed my daughter on their taxes?
Hi Carrie,
You could try calling the IRS at 1-800-829-1040 and see if they can help you determine which of your children were claimed and who claimed them. As for the amount of time it will take to resolve this, that depends entirely on the IRS. In all likelihood it will not be fast. I would say the best case scenario is 8 weeks. But submitting evidence like that can take a lot longer, especially if they end up auditing your return. In that case it may be closer to 6 months. As far as I’m aware the same process should work for state taxes, though you might see if you are able to e-file. I would call the tax authority in each of those states to see what they recommend.
Hi Rachel,
Try calling the IRS at 1-800-829-1040. They should be able to give you more information about your daughter being claimed.
how can i fine out if someone used my name on thier taxes without my permission?
Hi Mercedes,
Give the IRS a call at 1-800-829-1040 and they should be able to tell you.
I gave my brother inlaw 2 of my kids to claim and someone already claim them which that i dont know of
my brother inlaw recieved a letter from the IRS and he’s afraid he might be paying back
IRS will not notify of who stole which childs identity. Mail them in and then its supposed to be processed within 10 weeks. My identity was stolen in 2010 and I wasn’t notified until February 2012. Good luck
How do I go about finding out who claimed my son and I?
Hi Diesha,
The best thing to do is call the IRS at 1-800-829-1040. They should be able to give you more information. You will most likely have to file a paper return with proof that you and your son are not somebody else’s dependents.
How do I find out whats going on with my taxes? I found out someone claimed my daughter so the irs gave me some paper work to mail of. So I mailed it off but no one has not got in contact with me.What should I do?
Hi Angela,
You should know that resolving these sorts of issues can take weeks or even months. I wouldn’t begin to be alarmed until I hadn’t heard anything in 2-3 months. There are some things you can do however. If you are expecting a refund, you can check the Where’s My Refund? tool on the IRS website, which should tell you what stage of processing your return is in. Alternately, you can call the IRS’s customer service at 1-800-829-1040 to speak to a live agent.
A friend of mine asked me to claim her daughter because i help support her and give her rides to and from stores and doctors and dentists,etc as a way to help pay gas back and money i have given throughout year to help buy clothes and food for her child. The child lives with her mother and her mothers 2 parents. 3 months later my friend came across her parents tax return and they had evidently claimed her child also but 3 months after i had already received the refund. Who has the right to claim the child if the mother never gave permission to her parents and they do not provide anything for the child? Rent and food is paid by the child’s mother and they do not help with anything for the child.
.
Hi Melissa,
First of all, no one, including the child’s mother, has the right to “let” someone claim a dependent. You can claim a dependent if your relationship with the child meets IRS requirements. In order to claim a child as a dependent, that child must be your child, stepchild, foster child, sibling, stepsibling, or a descendant of one of these. This automatically disqualifies you, no matter how much you may do to help. Based on what you’ve written, I would guess that the child’s mother should claim her and I don’t know why she wouldn’t want to.
My fiance and I have been claiming my soon to be step-son for years. We recently did our taxes and found out his biological father claimed him before we did this year. My fiance has a court documents of the seperation stating he was only allowed to claim him in 08. What do we do to make this right. He hasnt seen his son in over a year and hasnt paid child support either. Matter of fact he claimed him and the state took part of his claim for back child support. Please help not sure what to do!
Hi Jojo,
First off, you and your fiance are not married and therefore cannot file a joint return. You will have to file two separate returns and only she will be able to claim her son. The first thing she should do is call the IRS at 1-800-829-1040 and explain her situation. Most likely they will tell her that she will have to paper file her return and include proof that a) the child is her dependent and b) she has greater claim to him than the child’s father.
I just found out that my sons grnadmother claimed my child. The mother and I have been seperated his entire life and I do pay child support. It bothers me that my son is being past around like a meal ticket for her family. How do I make a taxfraud claim? I know for a fact my so has lived with his mother the whole time because he talks to me everydya on the phone and he has never lived with his grandmother… please help.
How do I report someone else claiming my son who he did not live with?
Tax advisor say. ” In order to claim a child as a dependent, that child must be your child, stepchild, foster child, sibling, stepsibling, or a descendant of one of these”. I have read on other tax advise web sites that the child does not need to be related to the taxpayer to be claimed as a dependent. In fact the dependent doesn’t even need to be a child. What is correct?
Hi Kevin,
That’s true. There are actually two different types of dependents: qualifying child and qualifying relative. A qualifying child must be one of those things you listed above, but a qualifying relative doesn’t have to be a child or even a blood relative at all. But these two types of dependents are not created equal – qualifying children typically get you a greater tax benefit. If a credit or deduction requires a dependent, either type qualifies, but if it specifies a qualifying child, only a qualifying child counts.
Hi Pgasperecz,
If you are planning on claiming your son yourself, you can file a paper return, which will spark an IRS audit of everyone who has claimed him. If you are not claiming him, but just don’t want someone else to unfairly claim him, you can report fraud to the IRS using Form 3949. Refer to this page for more information.
my step child lived with me since january 01 to june 15 in 2011 ,then she moved to her natural father’s home , I paid for her supporting in that time period, then her natural father did claim her in his taxes , and my tax filing was rejected, do i have the right to dispute this before IRS against him y receive this benefit back to me?
Hi Guayanes,
In order to claim a child as your dependent, the child must have lived with you for over half of the year. Unfortunately June 15 is slightly less than six months. Plus, if there is a dispute over whose dependent your stepdaughter is, the IRS is probably more likely to award her to her natural father. Though I don’t know all the details of the situation, I would say this one is probably not worth disputing.
My ex husband has recently filed multiple returns from many past years that were never filed. I believe he has claimed our children on these returns and he was not legally allowed to. My returns were all filed within the proper years and included the children. Will I be audited if the SSN numbers flag from his late returns being filed?
Hi Mary,
Yes, you might be audited. But there’s nothing to be afraid of. If the kids were rightfully your dependents, all you’ll have to do is provide evidence to the IRS demonstrating this. Plus, if it’s just regarding past year returns, you’ll ostensibly already have received your refunds, so an audit won’t delay any money getting to you.
Hello what can I do if someone used my daughter social security number to claim them as there dependent on there tax refund without my permission they stole my daughters information and claimed that my child lives with them and my daughter has never lived with this person a day in her life what can be done about this issue thank you.
Hi Tonya,
The first thing to do is call the IRS at 1-800-829-1040 and alert them of your problem. They will probably tell you to go ahead and file a paper return, claiming your daughter as your dependent. But along with your return, you will have to include a cover letter explaining your problem and evidence that proves your daughter is in fact your dependent.
I want to find out who claimed my daughter. Her mother was married to another guy and was divorced close to two years. The mother worked two or three weeks out of the whole year. I have a suspicion that the mother let her ex-husband claim my daughter with the promise she get part of the refund. They had two kids together which I know he claimed. The mother still uses his address even though she has a place.
I forgot to mention, the mother bought a new car and there’s no way that could happen because she does’nt work. I pay child support and my parents and I buy everything for my daughter and have since she was born, she’s 17 now.
Hi Andy,
For more information, I would call the IRS at 1-800-829-1040. Your comment is a little unclear. Do you want to claim your daughter as a dependent? Have you not filed taxes yet? If this is the case, what you’ll have to do is paper file, including a cover letter explaining the situation and evidence proving that she’s your dependent. Be aware, though, that in order to claim someone as a dependent, you don’t have to have supported them. They just can’t have provided over half of their own support.
I’m asking this for my boyfriend. He and his ex have 2 sons. Over the years he always claimed his youngest son and she claimed the oldest son. (They were never married-but legally agreed upon this) His youngest son past away last year-when he e-filed his taxes claiming the youngest son it was rejected saying someone else had already claimed him. (He suspects the ex) I’ve read the previous responses and understand about doing a paper file with a cover letter explaining the circumstance which we will do—but my question is “If it was the ex and the IRS determines he does have the right to claim him what happens then? Does he have to take her to small claims court to get the refund that she has already received or does the IRS make her pay it back?”
Hi Kay,
You’re correct. If the IRS determines that he deserves the dependent and someone else has wrongly claimed that portion of the refund, they will just pay your boyfriend what he’s due and then go about collecting from his ex. He shouldn’t have to go to court unless it’s to reach some sort of agreement about how they are going to claim his oldest son in the coming years.
Someone claimed my son on their 2008 taxes without my knowledge how do i find out who it was?
Hi Nyesha,
The best thing to do is to contact the IRS at 1-800-829-1040.
Hi, I called IRS to report that someone claimed my dependent((me and my wife called) yes our two daughters because when we filled tax 2011 they responded that our dependents were already claimed by somebody, it has been 2-3 months of sending and receiving letters and documents, I never believed that this process of calling IRS to report fraud and that someone that is not even a relative could get the refund so easy, someone that me and my wife don’t even know, and the picture gets even worse because me and my wife are the victims and we are getting auditing, is hell living on planet earth, even today I receive another letter saying (we need more documentation) I have send dozens and dozens of documents to prove our daughters live with us since they were borne to this day such as “birthcertificate, residency rent payment, letter from daycare, doctors, utility bills, school, etc…) It is sad that a thief receive the refund and the victim gets punish, right now I will seek help from a lawyer even thought I don’t have money to pay for one, but probably it will be my last chance to fight for my daughters, one is 6 years old the other one is 3 year old, I just feel so sad of how this process has been, I hope at the end justice will prevail.
My wife and her ex have two children, which each of them claims one for tax purposes. We found out this year he claimed both without telling us claiming it was due to money owed him while my wife was off last year on maternity leave. Would this be worth filing by paper with a letter as mentioned above?
Thanks
Hi Nathan,
That depends on how much a dependent changes your tax situation. If it significantly adds to your refund, it might be worth it. But if he’s actually the child’s father, it might be difficult to prove to the IRS they the child can’t be claimed as his dependent unless you have some sort of legal agreement that states that you each claim one child each year.
hi this is important question! i need to know can a non-dependent person claim my daughter on there taxes? like my ex gf hasnt had a job in two years and some how is getting money back at the end of the year1how is that so? she lives off county has no income wahts so ever but yet she claiming my daughter. we have joint custody and pay child support for two years now..can the person she lives with claim my daughter evn tho hes not the father?please help someone and thank you for any feed back.
Hi Chico,
Your ex-girlfriend is allowed to claim your daughter as a dependent as long as they shared the same residence for more than half the year, your daughter is under 19 or under 24 and a student, and your daughter did not provide more than half of her own support. Whether she can claim your daughter or not is not dependent on the amount or source of her income.
The person your ex lives with cannot claim your daughter unless he is married to your ex or has adopted your daughter.
If both you and your ex are eligible to claim your daughter as a dependent, she will go to the parent with whom she lived for the longest amount of time during the year. See this IRS page for more details.
how do i claim my child support payout back at the end of the year? is there a form i have to file? and who do i ask bout that?
Hi Chico,
I’m not sure what you mean by “claim my child support payout.” Child support payments are neither deductible to the payer nor taxable income to the payee.
sorry wrong choice of words. but what i mean is what i pay out? do i get something back at the end of the year.
My fiance and I have been taking care of his little brother for a year this month. A few months ago his sister asked her mom if she can claim him. Their mother told her yes. We live in Gov. housing and he is on our lease, his school information is our address and he just got Medicade and we used our address. she told me her mom wrote a note saying she can claim him, but can we get something stating she cant claim him or what we need to do. we or his sister dosent have custody over him. His parents live out of town. Also his sister said his mom is claiming him but she lives in New York, were in Ga.
Hi Fiana,
Okay, first off all, only one person can claim this child as a dependent. So either your fiance, his sister, or his Mom can claim him, but not more than one. You can claim someone as a dependent if they have lived with you for at least half the year, unless they were absent due to illness, education, business, vacation, or military service. That means, based on the description of your situation that you have given me, that if your fiance’s brother lived with him for at least half the year, he should be able to claim him as a dependent. His sister and mother cannot claim him if he did not live with them for at least half the year.
I want to know my ex claimed my daugther on 2010 witch she was born on 10/04/2010 but I was the one supporting her and her 2 childs (non u.s. Citisens) wile she was pregn. And after she had my daugther and since she had claimed her I didnt claim herbecause i thougth i could get on trouble and didnt know a lot about this subject plus I foud out somebody made a froud saying she work for thos company whitch she didnt work the hole time she was pregn. But some how this person does this to a lot of ppl. (gives them false wages that they work for hiscompany but this company does not exist fisical) plus she let someone borrow her ssn to work and she just claim the tax at the end of the yr. Whatcan I do to proof she is just a big froud and Im the one that shoulda claim my daugther on that yr. (we are separated now)
My other question is my other daugther is being living with me since she was 2 1/2 months old but her mom never put my name on the birthcertificate and I had being holding to file my taxes till 2010 thats when i finally din my 09 & 10 taxes but tI got a letter from the IRS thather info didnt match I dont know if her mom gave me the wrong social or isbit because im not on the birth certificate k do not think her mom being claiming her but I do know she has never being arround or try to help me with anything that has to do with my daugther I dont know anything from her for over a yr all ready what can i do to be able to get my taxes refound straighten up. Icluding the issue with my other daugther and her mom claiming her on her taxes
Hi Roy,
It sounds like you could potentially claim your daughter as a dependent. In order to do this, your daughter must be a U.S. citizen or resident or a resident of Canada or Mexico, and she must have lived with you for at least half of the amount of time she was alive in 2010. If you and your ex are both qualified to claim your daughter as a dependent, the IRS will award her to the one she lived with for the longest amount of time in 2010. If she lived with you both the same amount of time, then they will award her to the one with the highest adjusted gross income. So, in order to claim your daughter as a dependent you will need to prove that your daughter meets all of the criteria that determine someone as your dependent, and then you will need to prove that she lived with you longer than she lived with her mother or additionally that you have a higher adjusted gross income.
Hi again Roy,
This is a little out of the tax realm, but my only advice to you here is that you are somehow going to need some sort of document to prove that you are the biological father of your daughter in order to claim her.
Ok so this is probably a stranger question. I live with my mother and I have a 5 year old daughter who she has been claiming for the last 5 years since I do not work at all. We received a letter in August telling us that we are being audited. Sent all this paperwork in and now they are saying my mom can’t claim my daughter, but we have no idea why and neither does H&R Block. I know her father didn’t claim her. He lives in a different state and I don’t think he even knows her ssn and he has never done it before either, and they also never said that someone else claimed her just that my mom can’t claim her.. Any ideas with this one?
Hi Jessica,
Did your mother e-file? If so, chances are that another person didn’t claim your daughter, since the IRS’s electronic system will automatically reject a return if a dependent’s SSN has already been claimed by someone else. Another person could have paper filed and claimed your daughter, but this is pretty typical and most likely wouldn’t prompt an audit.
As for whether your mother can claim your daughter, it sounds like she meets all of the requirements.
1) Your daughter is her granddaughter.
2) Your daughter is under age 19
3) Your daughter is a U.S. citizen or resident, or a resident of Canada or Mexico (You don’t make this explicit, but I’m going to assume this is the case. If it isn’t, this could be what’s causing the problem)
4) Your daughter is obviously unmarried
5) It sounds like your daughter lived with your mother for at least half the year (again, if this is not the case, this could be the problem)
6) Your daughter did not provide over half of her own support.
I would make all six of these points to the IRS. If they still won’t let her claim your daughter, I would think about looking into contacting a taxpayer advocate.
My gielfriend and I have lived together for almost 5 years and I have been the only provider for household. In VA I couldnt claim her as a dependent, but we recently moved to NC with our family. Can I claim her in NC?
Hi njtova818,
The qualifications for claiming a dependent are based on federal law. That means if you couldn’t claim someone in VA, you can’t claim them in any other state.
Hi, I’m maly and this will be my first year filing for taxes and I want to list my little sister as my dependent because I’ve been supporting her for over 7 months now because she’s living with me. I think a family member of mine has been claiming her a few years now, but I think I should claim her cause she’s under my care. I provide everything for her. Should I claim her or not?
Hi Somaly,
You can claim your little sister as a dependent as long as she meets the following requirements:
As long as she meets all of those qualifications you’re free to claim her as a qualifying child. If she’s older than 19 (or 24), look into claiming her as a qualifying relative. You can find those requirements here: http://www.priortax.com/filing-late-taxes/who-qualifies-as-a-dependent-on-your-taxes/
Also, if two returns are e-filed both claiming the same dependent, the IRS will reject whichever return is filed second. So if you want to avoid the other relative claiming her (and then having to mail in evidence to the IRS that you rightfully deserve to claim her, which can be a real pain) file as soon as possible. The sooner you file, the less opportunity they will have to claim her.
Hi, my daughter father filed her on his taxes without my consent and i have reported him the end of this year and sent the form in to Fresno do u believe he would b able to file my daughter again?
Hi Nashay,
I’m not sure. It’s entirely possible that he will be able to, although I do know that the IRS is stepping up its fraud prevention efforts this year. The best thing you can do at this point is file as soon as possible. The sooner you file, the less time he has to claim her. It’s generally the second return that claims the dependent that gets rejected.
My son mother only worked 2 months last year. I pay child support for him every week can I file him on my taxes
Hi Idrees,
In order to claim your son as a dependent, he must
You can find more info here: http://www.priortax.com/filing-late-taxes/who-qualifies-as-a-dependent-on-your-taxes/
If your son is still young, the biggest sticking point is probably who he lived with. Unfortunately, if he lived with his mother for most of the year, you can’t claim him as a dependent.
Someone had claimed my kids last year without my permission, so I filed a paper return and it was accepted but during the year some thingd Have happened and im now staying with the person who did this last year and because im staying with them and im unemployed they are requesting to claim my kids now with my permission. am I able to let them claim my dependants even after all that happened last year?
Hi Stephanie,
Yes, they can claim your kids provided that you don’t claim them and they meet all of the following requirements: http://www.priortax.com/filing-late-taxes/who-qualifies-as-a-dependent-on-your-taxes/
Im seperated with my ex and I’d like to know if there is any way we can file separately and split the EIC?
I just want to share this with all of you. I just found it yesterday digging and digging everywhere and even in this page I couldnt find an answer. But here is what I found. Please read and advise wiseley!! Dont let anybody fool you!!
Child of divorced or separated parents or parents liv-ing apart. Even if you cannot claim your child as a de-pendent, he or she is treated as your qualifying person if:
The child was under age 13 or was not physically or mentally able to care for himself or herself,
The child received over half of his or her support dur-ing the calendar year from one or both parents who are divorced or legally separated under a decree of di-vorce or separate maintenance, are separated under a written separation agreement, or lived apart at all times during the last 6 months of the calendar year,
The child was in the custody of one or both parents for more than half the year, and
You were the child’s custodial parent.
The custodial parent is the parent with whom the child lived for the greater number of nights in 2012. If the child was with each parent for an equal number of nights, the custodial parent is the parent with the higher adjusted gross income. For details and an exception for a parent who works at night, see Publication 501.
The noncustodial parent cannot treat the child as a qualifying person even if that parent is entitled to claim the child as a dependent under the special rules for a child of divorced or separated parents.
Hi John,
You cannot claim the EIC if your filing status is married filing separately. You can find more information here: http://www.irs.gov/Individuals/EITC,-Earned-Income-Tax-Credit,-Questions-and-Answers
so last year i was audited because im self employed nd i didnt have enough proof to show so janurary i got a new bf bd we have been together nd live together he provides nd support myself nd my twin boys can he claim us on his taxes nd if he does will they take the money i owe from him?
hi my son father who has no rights to him has filed him on his taxes but he had him for half the year not straight but it adds up to six months we didnt agree on it how do i fix this
he is also doing it in another state the child legally lives with me in ny but goes to visit his dad in illinois
Hi lyndsee,
Your boyfriend can only claim you as a dependent if you and your children meet the following requirements:
http://www.priortax.com/filing-late-taxes/who-qualifies-as-a-dependent-on-your-taxes/
Hi Sharday,
It sounds like your son’s father has every right to claim him, especially if your son lived with him for six months. If a child qualifies as the dependent of two different parents, the IRS will usually assign the dependent to whomever the child lived with for the longest amount of time. If the child lived with both parents for an equal amount of time, then the IRS will treat the child as the qualifying child of the parent who had the higher adjusted gross income. If that’s you, then it might make sense to file a paper return claiming your son as a dependent and offering evidence that you can rightfully claim him. If not, then there’s really not a lot you can do. Your son’s father sounds like he has every right to claim him. Many people in your situation will establish some sort of legal agreement establishing that they will alternate years claiming their child as a dependent. For more info so page 14 of this document: http://www.irs.gov/pub/irs-pdf/p501.pdf
Hello. Tax advisor I have a situion. Where. An ex girl friend wants to claim my two kids who I have legal full custody over. I’ve live with her from the beginng of the year of 2012 till june 10 2012. now She has her own kids by me but wants to claim my two that I was awarded custody over we. Were neverd married. We just lived together and since parted ways june 10 2012. And. When y’all difine more then 6 months is that from jan to the end of june? Help me. Thanks dpizzle
Hi dpizzle,
Is your ex-girlfriend the biological or adopted mother of the children in question? If not, she can’t claim them over you. Also the requirement that dependents live with you for at least half the year does not have to be six continuous months. It just has to add up to six months. Refer to this post for more info: http://www.priortax.com/filing-late-taxes/who-qualifies-as-a-dependent-on-your-taxes/
Dear tax advisor
She’s not the mom of my two that I have custody over she’s just an ex girl friend that I have kids with
Hi dpizzle,
In order to claim a child as a dependent on your taxes they must be your biological or adopted child, stepchild, foster child, sibling, half sibling, stepsibling, or a descendant of one of these. It doesn’t sound like your ex will be able to claim your kids.
My son, who is 14, lived with my father and step-mother all year last year and so I’m allowing them to claim him as a dependent since they paid for all of his living expenses. My question is, when filing my taxes, do i need to fill out a form for the irs releasing him to my father and step-mother? It’s all gotten so confusing and I usually do my own taxes since mine are so simple in retrospect.
Hi Elizabeth,
No you don’t need to release him as a dependent to your father. As long as he meets all of the requirements, your father has the right to claim him. Just be sure you don’t list him as a dependent on your own return, as this will cause either your return or your father’s to be rejected.
I just moved in with my boyfriend “also the father of my two sons” and he took my sons social security cards and filed taxs with them! What can I do he was suppose to do that! Who can I call so he doesn’t get that money that my sons and I deserve!!!
I meant wasn’t suppose to do that! He stole them!!
My 3 year old son has been claimed by his grandparents (father’s side) for the last 2 years. This year, I have FULL CUSTODY over my son and he only goes to the grandparents house for 2 days supervised visitation to see his father. I have been living with my husband for 8 months now, with my son. I want to authorize my husband to do taxes this year of my son since the grandparents nor father give me money nor pay child support nor buy him anything to bring to his actual house “my house” I let them know I was in charge of my son’s taxes this year, they told me, when they filed my child in their tax form, they put for no one else to claim him but them, is that possible? If so, how, they did that with out me knowing. Or is it a lie just so I won’t do taxes, because they said if any one else claims my son they could get in trouble and that they would need the grandparents signature to give who ever the power to claim my son. How so, if I have his custody, I am his mother, not them. Is this true or false? What can I do?
My husband is my sons biological step father and yes he jas lived with him for over half a year. If the grandparents claim my child without my authorization what can I do?
Hi Heather,
First you need to determine whether your boyfriend has a right to claim your sons as dependents. If he is their father it’s entirely possible that he has every right to claim them. Refer to this article on our sister site PriorTax to determine if he can claim them: http://www.priortax.com/filing-late-taxes/who-qualifies-as-a-dependent-on-your-taxes/.
If he CAN’T claim them, then you will need to file a paper return (because if you e-file it will be rejected). You also need to include a letter explaining the situation to the IRS as well as evidence that you have a right to claim the boys (according to the requirements outlined in the post I linked to above).
If he CAN claim them, there’s really not much you can do about it. You might be able to contest it, following the same procedure above. Just so you know, when two people have a right to claim the same dependents, the IRS will award the dependents to whomever they lived with for the most time during the year. If you both lived with them for an equal amount of time, they will award them to the taxpayer with the higher AGI. Good luck!
Hi Elizabeth,
No, I don’t think it’s possible for a taxpayer to exclusively claim a dependent for all eternity. If they’ve experienced some tax fraud or identity theft problems in the past, it might mean the IRS flags returns that claim dependents they usually claim, but it doesn’t mean they can claim your son as a dependent if they don’t deserve him. In all probability they are probably ignorant or lying.
From your description of the situation it sounds like you and your husband have every right to claim your son as a dependent. Just make sure he meets the requirements laid out in this article: http://www.priortax.com/filing-late-taxes/who-qualifies-as-a-dependent-on-your-taxes/.
Just a piece of advice – I would file your return as soon as possible. Every person’s social security number can only be used once. So the IRS will reject the second return filed claiming that SSN. If your return gets rejected because they already filed and claimed him, you can still claim him it will just be a much longer and frustrating process. To get your refund as soon as possible I would file and claim him as soon as possible so they don’t have an opportunity to claim him.
My ex said he claimed my twins on his taxes. But they live with me their whole life. How can I stop him. I plan to efile on the 30th. What can I do because he doesn’t take care of them nor have they ever lived with him.
What documents will I need to prove my sons live with me. I have their school info, insurance policies, and leasing agreement.
Hi Chauna,
If your ex has indeed already claimed them, then your return will be rejected if you try to e-file it. You will have to mail in a paper return with a cover letter explaining the situation as well as evidence proving that your children meet all of the requirements listed in this article: http://www.priortax.com/filing-late-taxes/who-qualifies-as-a-dependent-on-your-taxes/.
You can find a list of evidence here: http://www.eitc.irs.gov/public/site_files/F866-H-DEP-2012.pdf
Hi,
So I found out that my aunt claimed me and she didn’t even tell me. I looked up the requirements for claiming someone as a dependent and it says that I would have had to live with her the whole year which I didn’t. Only 7 months. Also the rules say that I had to have made less than 3800 but I made around 6000+. Don’t know if financial aid counts otherwise would be around 11000.
Thanks.
My kids father has told me he has claimed my 2 kids on income tax. He does not live with us nor has provided any support at all..but went behind my back and claimed them anyway. My fiancée was going to claim them as well but my children father already did. How can i put astop to it?
Hi Johnny,
There are actually two types of dependents: qualifying children and qualifying relatives. The requirements for each are different. It sounds like you’re a college student. If so, someone can claim you as a qualifying child until you’re 24. I’m going to assume that’s what she’s doing, since that’s much more lucrative than claiming someone as a qualifying relative.
In order for her to claim you as a dependent, you only have to have lived with her for over half of the year (unless absent due to illness, education, business, vacation, or military service), so she can potentially claim you if you lived with her for 7 months (esp. if you were at school the rest of the time).
The income limits you cite apply to qualifying relatives. You can’t claim someone as a qualifying relative if they earned more than $3,800. But she could claim you as a qualifying child if you earned $6,000. She just can’t claim you as a qualifying child if you provided over half of your own support. Financial aid counts as you providing your own support it is a loan. This IRS publication will help you figure out if you provided over half of your own http://www.irs.gov/publications/p501/ar02.html#en_US_2012_publink1000220972
And check out this article on our sister site PriorTax to see if you meet the requirements to be claimed as a dependent: http://www.priortax.com/filing-late-taxes/who-qualifies-as-a-dependent-on-your-taxes/
Hi,
I’ve been living in the U.S since Fall 2007, when I started attending college. Since I’m an international student I was advised to fill my taxes as a non-resident, therefore, I wasn’t able to claim my education expenses. Is there any way that I can file an amended tax return for these years? And also, is there any way that I can check the years that I was claimed dependent by my brother? Thank you
My fiancé has been fighting an identity theft case for about 5 years now. Every time he files his returns they are kept by the IRS. We have sent in all of the documentation that they have aske for 3 times & they claim to never have gotten it. We have faxed & sent in certified mail! They even sent us a letter about 6 months ago saying that he should be receiving a check in 4-6 weeks & that never showed up. So I guess my question boils down to, what can we do to ensure he will get his return this year? Thank you
Hi Jenn,
You will have to mail in a paper return to the IRS (because if you try to e-file and claim dependents that have already been claimed by someone else your return will be rejected). You should also include a cover letter explaining the situation and evidence that the dependents do in fact belong to you. Be careful though: your fiance might not be able to claim them. You can only claim someone as a qualifying child if they are your biological or adopted child, stepchild, foster child, sibling, half sibling, stepsibling, or a descendant of one of these. You can find all of the requirements here: http://www.priortax.com/filing-late-taxes/who-qualifies-as-a-dependent-on-your-taxes/. The best thing is probably for you to claim them.
Hi Tammy,
Yes, you can file an amended tax return, but you should only do so if you’re sure you qualify as a resident. The best thing to do is to contact the service that you originally used to file them. As for being claimed as your brother’s dependent, I’m not aware of way to find this out. You should try contacting the IRS at 1-800-829-1040. If you feel that you were wrongfully claimed, you can always file an amended return claiming yourself which, once the IRS investigates, may prompt your brother to file an amended return.
Hi Lisa,
The best thing he can do is file as early as possible. That will give the fraudsters less time to claim his SSN and cause his return to be rejected.
I have lived with my boyfriend for 3 years now. He had played in a band and made some small income (~7000). I claimed him as a dependent. He will still have to pay taxes on his income. Is that okay? Or am I getitng into some deep water here. He can still file on his own correct? I have made all the other income for the house and for the year.
Hi Brittany,
I’m not sure that you can claim your boyfriend as a dependent. There are actually two types of dependent: qualifying child and qualifying relative. You can’t claim your boyfriend as a qualifying child because he is not your child. So your only option would be to claim him as a qualifying relative. However, you cannot claim someone as a qualifying relative if they make more than $3,800. You can find all of the other requirements in this article on our sister site: http://www.priortax.com/filing-late-taxes/who-qualifies-as-a-dependent-on-your-taxes/
It sounds to me like your boyfriend should file his own return and claim his own personal exemption. And if you claimed his a dependent for several years when he really didn’t qualify as your dependent you may need to file an amended return for those years.
Me and my wife just separated and we have two children to together. She only worked 2 months in 2012. I’m active duty military and the kids and her lived with me last year. So I went to do my taxs and IRS said that there ss# has already been claimed as a dependent for someone else. Unfortunately she know my ss# also but she couldn’t get my w2. Is there anything I can do from letting this happening again or if I can do anything now from stooping her from claiming the children this year?
My ex wife and I have joint physical and legal custody, when i was in active duty i let her claim our daug shehter, but after that she keeps claimine her and filed every year as fast as she can. So everytime i file i get in trouble. But i just found out she didnt have income for about 3 years and she was not married but living with her boyfriend. She couldnt file head of theds household.possibly a dependent on her boyfriend. Do i have the right to correct the past tax claim and is it ture whoever claims the child first gets the refund.Thank you for your help
HI T.A,
MY UNCLE IN TEXAS ASKED TO CARRY MY SON IM IN CALIFORNIA AND THINKS THATS A BAD IDEA GIVING WERE IN DIFFERENT STATES AND THAT WOULD B TAX FRAUD. I TOLD HIM NO BUT HE ALREADY HAS MY SONS INFORMATION. MY SONS FATHER IS GOING TO CARRY HIM INSTEAD ON THE 31ST. IF MY PAPERWORK IS KICKED OUT THE SYSTEM BECAUSE SOMEONE HAS CLAIMED HIM BEFORE MY SONS DAD DOES DO I CONTACT THE IRS TO FILE A COMPLAINT BEFORE THEY RECEIVE THE MONEY AND ALSO TELL THE IRS I KNOW WHO COULD OF CARRIED HIM WITHOUT MY PERMISSION? WHAT FORM WOULD I NEED TO FILE A COMPLAINT AND WHERE WOULD I FIND IT JUST ON CASE I HAVE TO USE IT ASAP?
Hi Michael,
First take a look at this blog post on our sister site PriorTax. It outlines the requirements dependents need to meet in order for you to claim them: http://www.priortax.com/filing-late-taxes/who-qualifies-as-a-dependent-on-your-taxes/.
If your wife CANNOT claim them as dependents, you should file a paper return that claims them as dependents and include a cover letter explaining your situation and offering evidence that the children qualify as your dependents.
If your wife CAN claim them but the children also meet the requirements for you to claim them, you could try filing a paper return (as above) and challenging your wife’s return. If dependents can rightfully be claimed by two people, the IRS usually awards them to the taxpayer they lived with for the longest time during the tax year and then to the taxpayer with the largest AGI.
As for future years, the best thing you can do is file as early as possible that way her return will get rejected if she tries to claim them.
Hi Tan,
I really don’t have enough information to say if she had a right to claim them for those years. Check out this post on our sister site PriorTax. It outlines the requires a child needs to meet in order for you to claim them as a dependent: http://www.priortax.com/filing-late-taxes/who-qualifies-as-a-dependent-on-your-taxes/.
If it turns out that your wife did not have the right to claim them, you can file an amended return for those years, claiming them as your dependent, but only if you meet the requirements. If both you and your ex qualify, the IRS will award them to whoever they lived with for the longest amount of time during the year. If this is equal too they go to the taxpayer with the highest AGI.
No it’s not true that the taxpayer that claims them first gets the refund. The refund will be issued to the first taxpayer who claims them, and any subsequent e-filed return that claims that SSN will be rejected. But you can always file a paper return claiming them which will prompt an IRS audit that hopefully rewards them to you.
Hi Karahaja,
First you should try e-filing your return. Maybe your uncle hasn’t claimed them yet and you will still be able to e-file.
If he has claimed them your e-filed return will be rejected. Then you will need to paper file your return (claiming your son) and include a cover letter explaining your situation as well as evidence proving that your son is rightfully your dependent and not that of his uncle.
katty. i think someone is claiming my kids on their taxes i donot work so i dont fill out taxes but i think someone is claiming them without my permission..how can i know if someone is claiming them? Or what cuando i do to prevent someone claim them
Hi Katty,
The only thing I can suggest is that you call the IRS at 1-800-829-1040. And even if you don’t work, you should consider filing a return. There are many refundable credits out there (especially if you’re low-income and have kids) that mean you could get a refund even if your income is very low.
Hi
I have a 15 year old daughter who lives in another state, I have paid child support since she was born along with medical, dental and vision. I see my daughter when I can but her mother makes this difficult. There has never been a court order on who can claim our daughter. i have never claimed her and want to this year. Can i if I pay her support along with medical? I think I should be entitled to at least once in her life, not to mention the mother owes me $8,0000 in overpayments of my child support. IF there is no court order and I live out of state but pay for her support how does this work?
Thanks
if i adopted some one elses child and i have been taking care of that child for 3 years is it possible for the biological mother to file that dependent on her taxes
Im going to file my taxes from 07, this is my first time ever doing my taxes. I have a feeling that a old friend of mines try to do their taxes for 2012 with my information. Will this be a problem when I file my taxes for 2007?
Hi Dad,
Unfortunately you can only claim someone as a dependent if they lived with you for over half the year. It doesn’t matter how much support you pay them, they just can’t have provided more than half of their own support.
Check out this post on our sister site PriorTax which lists all of the requirements a dependent must meet: http://www.priortax.com/filing-late-taxes/who-qualifies-as-a-dependent-on-your-taxes/
Okay so sence you cant answer my question who can I contact that will. Ive been back and forth with this question with everyone.
Hi Angela,
It would not be possible for her to claim the child if that child has been living with you for over half of each of those years.
Hi Lee,
That shouldn’t be a problem with filing your 2007 return, but that is a problem for filing your 2012 return. If you suspect that someone is trying to steal your identity you should file your return as soon as possible to prevent them from doing so.
Thanks.
I tried to file my 2012 federal tax return and received an error that someone has already claimed my 1 year old as a dependent. No one has access to my son’s social security number, not even his dad and we all live together. I think someone mistyped their number or their dependents number. How do I get this resolved so that I can rightfully claim my son as a dependent.
Thank you!
Update…I removed my son from my return planning on amending with him, but now it’s rejecting saying that my daughter has been claimed by someone else. Please advise!?
I have a question and i need help soon……My sons father which lives 4 states away and doesnt have much to do with our son has been claiming my son for 6 years. Everytime i claim him it kicks it out and the lady that does my taxes says its because he is getting to punch first….ok the year before last i filed an amendment on my taxes and they sent me a check for what i was suppose to get for my son. last year i filed him it went thru no problems. This past year my son has lived with my mother. so i told her she could claim him because she has taken care of him. and it kicked her out. So my question would be if i filed that amendment 2 years ago would that stop anyone but myself from claiming him or did he beat us to the punch again?
i had already e-filed my taxes, claiming the both mf my children, after the fact, me and the dad came to an agreement that i would let him claim one, is there any way i can take off a dependent so that he can claim one?
i filed on the 26
ok my sis filed me on her return and she recieved her money but she told me i got rejected as a dependent but for the last 4rys i haven’t what could of went wrong?? or is she ju saying that to keep my money???
Hello I have a question I filed my taxes and I got them rejected. Turns out a stranger who my sons mother lived with for a month claimed himshe is not related to my son in any way, she also did not support him more than half the year I did. I pay child support and support him as well when he is with me. My court papers say we have equal custody of my son legally and physically. Who has a right to claim him? What should I do? I have always claimed him in the past years. Please email me @ alberto.perez@everest.edu
Hi Brenda,
I recommend claiming both of your children as you normally would, but mailing in a paper return instead of e-filing. This way your return won’t be rejected. Be sure to include a cover letter explaining your situation and evidence that the two kids really were your dependents.
Hi Renee,
No the amendment shouldn’t prevent your mother from claiming your son as a dependent. Most likely is father beat you to it again. In the future, I highly recommend that you file as soon as possible so that this doesn’t happen. For this year, your mother won’t be able to e-file her return, but she can still paper file it. Tell her to include a cover letter explaining the situation to the IRS and evidence that she has the right to claim her grandson as a dependent. This should prompt an IRS audit which will (hopefully) award her and not your ex the benefit of claiming your son as a dependent.
Hi Cassie,
If you’ve already e-filed, the only thing you can do now is file an amended return. Contact whichever service prepared the return originally and tell them you want to file a Form 1040X.
Hi Albert,
I’m not going to email you, but if you’d like me to answer your question in a comment I will do so.
Hi Darius,
Here return could have been rejected if someone else already filed a return claiming you as a dependent. It could also have been rejected if you filed your own return but did not mention that someone else can claim you as a dependent.
Me and my fiancé have 1 boy and 2 girls together, I already did my taxes and claimed our youngest girl and I already received my return. My fiancé did his taxes a few days ago and noticed after he printed the tax papers that he had made a mistake and claimed our youngesr girl as well, his return was accepted my the IRS but we know its not correct cuz I already claimed our youngest girl and he needs to have it changed to our other daughter that’s 3 and a half. Will this be a easy fix with the IRS when he calls them today?
my exwife e filed and claimed my daughter my daughter lives with me,i had to do a paper return but my question is,,will the IRS go ahead and direct deposit the check in her account and later make her pay it back,or will they stopped payment on the refund,i looked at her wheres my refund and it says her tax is being processed and she will have a direct deposit in 21 days,,is she gonna get the money or not
The mother of my kids and i were never married,
We seperated on 2012.I had my two kids with me
Through out most of the year till she changed the
schools they were going to!
She called acs on me to make matters worse
But acs came to the conclussion that i WAS
Providing for my kids and sent me letters
Of their house visits here where we lived.
She has claimed the kids unrightfully!
Because they were living with me!
Are ACS papers proving my kids lived here
Admisible??? Or i should take other measures??
Please let me know!!!
Thanks..
She claimed them on her taxes
To spend with her new boyfriend…
Like MOST good men , i wanted my kids
To be with me!
How can i prove their residency!!
With me over 2012 ..?????
.
Hi Melissa,
The IRS’s e-file system only allows one exemption to be claimed for each Social Security number. If both you and your fiance claimed the same dependent, then his return would have been rejected by the IRS when he tried to e-file. So the fact that he was accepted suggest that you both didn’t claim the same dependent.
If in fact you someone both have claimed the same dependent, the only way to correct this is for him to file an amended return (Form 1040X). I doubt it will be fixed by a phone call to the IRS.
Hi Barry,
It depends on how quickly they get and process your paper return. Ideally they won’t send the money out at all, but it’s conceivable that she could receive it.
Hi GuidoJ,
Since she claimed your kids, your return will now be rejected by the IRS if you try to e-file. So you need to prepare your return as you normally would but print out a paper copy, sign it, and mail it to the IRS. Also be sure to include a cover letter explaining what’s happened and evidence proving that they are your dependents. The ACS letter will certainly prove helpful in this regard.
Hi GuidoJ,
You can find a list of the type of evidence the IRS accepts to prove that they were your dependents: http://www.eitc.irs.gov/public/site_files/F866-H-DEP-2012.pdf
Can i refile??
I WAS TOLD I COULD AMEND MY TAXES IN MARCH BECAUSE SOME CLAIMED MY CHILD. THEY SAID IF I TOOK HER OFF I COULD COME BACK IN MARCH AND GET THE REST OF MY MONEY BY AMENDING MY TAXES. IS THAT TRUE?
Hi A. Shorter,
If you tried to e-file your return and it was rejected because someone already claimed your dependent, then you should mail a paper return in to the IRS along with a cover letter explaining your situation and evidence proving your dependent was actually your dependent. You probably shouldn’t e-file without your claiming your child and then amend it later.
Hello im concered that I will not get any of my tax returen because the non custodial parent filled my son . I am not sure what to do from here I also wanted to know how long would this matter continue before something is done about it .
I was staying with my ex in 2011 with our daughter but he took my to court dec.2011 to have us removed from his home. A few days ago he filed my daughter on his taxes without my consent and without showing her social security card.he lied to his tax representative stating my daughter lived with him the whole year of 2012. With my court papers proving we were not in his home last year what can I do to resolve this problem
My child's mother claimed my daughter on her taxes or her parents not sure who did but I have a court ordered paper signed by the judge that I have full custody and will claim my daughter on 2012 this years tax return and the years to come that she has no rights al all to her! What can I do to get this settled ?
Hi my story is compilcated
So me and my boyfriend were separted last year and our.daughter was living with me i was not working at that point therefore i couldnt claim her so i have my brother her social and he claimed her then we recently found out that my boyfriend had claimed her to and .ow my brother just recieved a letter from irs what can we do??
Hi Denise,
First you need to make sure that your son qualifies as your dependent and does not qualify as the dependent of the person who claimed him. Refer to this article for the requirements: http://www.priortax.com/filing-late-taxes/who-qualifies-as-a-dependent-on-your-taxes/.
Then, if you can claim him as a dependent and the noncustodial parent can’t, you should file a paper return with the IRS claiming him as a dependent. Be sure to include a cover letter explaining your situation and evidence that proves he is your dependent. This will prompt the IRS to review both of your returns and it could be several months before you end up getting your refund.
Hi CLewis,
You should file a paper return claiming your daughter as a dependent. Also include a cover letter explaining your situation to the IRS and evidence that proves your daughter was your dependent and not his.
Hi Mario,
You need to file a paper return in which you claim your daughter. Also include a cover letter explaining the situation and evidence proving that she is your dependent and you have a right to claim her. This will prompt the IRS to review both returns and hopefully award you the money.
Hi Zumi,
Unfortunately not much. Your brother can’t claim your daughter as a qualifying child, only as a qualifying relative. This means that if someone else can claim her as a qualifying child, then they get her as a dependent and your brother doesn’t. Here are the requirements for you to claim someone as a dependent: http://www.priortax.com/filing-late-taxes/who-qualifies-as-a-dependent-on-your-taxes/.
Really the best thing to do would have been for you to file a return claiming your daughter as a dependent. You can still file a return and claim someone as a dependent even if you don’t work. If she wasn’t living with your boyfriend, it’s doubtful that he can claim her either. I would look into filing a return of your own and claiming your daughter.
Ok thank you but what about the irs letter does my brother have to amend it or what?
Or can my boyfriend do an amendment ?are either of them gonna get in trouble or who will have to return the money?
Hi my sons father claimed my child without my permission.We been separated everysince my child wuz 6 months. Old.He’s court ordered. To pay childsupport and also had to go through the court to get my signature ..but never did?.
i am divorced and have 1 kid,each year me and my ex race to file first,,i efiled on the 30th of january with turbo tax,3 days later she tried to file but was rejected,she had her preparer do an amendment i guess and called me raising heck,anyway,,on the IRS site it tells me my return has been received and being processed,what are the chances the irs will catch her amended return before they pay me thru direct deposit,what im asking is,,will they go ahead and pay me and make me pay it back,or do you think they will catch it and neither one of us will get paid,,which scenario is more likely?
My girlfriend tried to claim my son as a dependent and got rejected saying his ssn was already claimed. I don’t work i get little cash assistence through welfare and my girlfriend does the rest for both me and my son. I found out my child’s grandparents, my parents, claimed my son on their income tax. They do nothing for my kid and barely even see him. Soon after my son was born i left their house because it is unfit for a baby. And like i said they have done nothing for him even since day one when we were still stuck in there household. I did it all with only help from wic and welfare fortunately only untill he was 4 months old and my gf took us under her wing.
My son is only 11 months so this is the first time anyone has claimed himhave p
P.s. I dont know how they got his ssn, i never gave it to them and to my knowledge they never touched the card, they had to pulled a fast one.
Now also my girl friend has refiled her taxes without claiming my son, but i dont feel my parents should be getting money for him.
Hi Zumi,
I really can’t say. They’ll have to do what the IRS says in the letter. If I had to guess I would say there’s a good chance your brother will end up having to amend his return.
Hi Marijayne,
In order for your son’s father to claim him, he must meet the following requirements: http://www.priortax.com/filing-late-taxes/who-qualifies-as-a-dependent-on-your-taxes/.
If he can’t claim your son as a dependent, then you should file a paper return claiming your son as a dependent. Also include a cover letter explaining your situation and evidence that your son is your dependent.
Hi Barry,
I have no idea. It depends on how quickly they process her return. If she’s already filed I’d guess that they will flag both of your returns for review and then either award the dependent to one person or ask you both for more information.
Hi Cindy,
There are a couple things going on here:
1) There are two types of dependents, qualifying children and qualifying relatives. Qualifying children are the more valuable of the two. Your girlfriend CANNOT claim your son as a qualifying child. She might be able to claim him as a qualifying relative, but I highly recommend that you file your own return (even if you are not required to) and claim your own son as your dependent because you might be able to get a refund. You can find out more about who qualifies as each type of dependent here: http://www.priortax.com/filing-late-taxes/who-qualifies-as-a-dependent-on-your-taxes/.
2) Based on your description it sounds like your parents have no right to claim your son as a dependent. So what needs to happen is that you (or your girlfriend) need to file a paper return claiming your son as a dependent. Also include a cover letter explaining the situation and evidence proving that he is your dependent. Again, I highly recommend that you file your own return and claim your son as a dependent because the benefit for a qualifying child is generally much greater than the benefit for a qualifying relative.
Thank-you I’m going to take your advice, but How do I go about doing that, filing my own, and what kind of evidence is acceptable ?
I filed through turbo tax,,if my exwife files an amended return,or the IRS has problems with my info or dependants,how will they contact me,through turbo tax,mail,,or an email?
mr tax advisor,whomever files first will get the refund,the irs dont stop both payments,,but after the amended form they will make the liar pay it back,like i said,whoever files first will get the credit
Yes you can answer in a comment I left comment with question on feb 3 I hope to hear your answer soon thank you.
Tax advisor,your wrong,i claimed my kid,my exwife did an amenment 24 hours later,i still got my money,lol
Hi Cindy,
Prepare your taxes like you normally would (you can even do them right here on RapidTax) but instead of e-filing, you should print your return out, sign it, and mail it in to the IRS. As for the sort of evidence that you can use, refer to this IRS document – http://www.eitc.irs.gov/public/site_files/F866-H-DEP-2012.pdf
Hi Barry,
My guess would be through snail mail. If your return as already been accepted it probably won’t come through Turbo.
Hi Albert,
This stranger definitely does not have the right to claim him as a qualifying child. He might be able to claim him as a qualifying relative, but that’s doubtful also. Likely only you or his mother have the right to claim him. It will probably come down to who he lived with for the longest amount of time during the year. Who supported him more is not a factor in determining who can claim a dependent, he just can’t have provided more than half of his own support. You can find out more about who can claim a dependent here: http://www.priortax.com/filing-late-taxes/who-qualifies-as-a-dependent-on-your-taxes/
Do I list welfare as my income eventhough there’s no taxes? Either way my ferund comes out to $0… Thats why im writing a letter and explaining my situation correct ?
My son has redied with me since 2011. I have some tax issues and student loan issues and fell on hard times financially. My sister has supported and assisted me with the care of my son this past year and i allowed her to claim him on her taxes which have already been accepted and refund distributed. My sons mother spitefully decided to file her taxes and claim my son on Saturday. She does not deserve the right to claim him as she lives in a different state and he has been in my care the entire year. What will happen now?
hey tax advisor,i set up my direct deposit with a money card from walmart and did the free edition with turbo tax,my card wont accept a direct deposit from the federal govt,,they will accept it from a 2nd party,such as a bank used by the irs,,so tell me,does the deposit come from the irs,,or does it come from that bank in Sandeigo,if it comes from a bank without the irs name on it,im good,,if it comes from the irs directly it will reject it,so,does it come from a bank or not
Someone claimed my dependents and i sent my return in by mail. How long till I get an answer from irs?
Hi Daniel,
Whoever has the right to claim your son (in this case probably you) should file a paper return. Be sure to include a cover letter explaining your situation as well as evidence proving that your son meets the requirements to be your dependent. You can find the requirements in this article from our sister site PriorTax: http://www.priortax.com/filing-late-taxes/who-qualifies-as-a-dependent-on-your-taxes/.
Your sister can’t claim your son as a qualifying child (though she may be able to claim his as a qualifying relative). Since qualifying child is much more valuable than qualifying relative I recommend that you file a return claiming your own son.
Hi Barry,
I honestly have no idea. Our service doesn’t do refunds to cards. I suggest you get in contact with Turbo to find out how your refund will be paid. I know that in our company refunds are only paid out through a bank when a customer decides to pay their tax preparation fees with the money from their refunds. Since you were able to file for free, I would guess that your refund will come directly from the Treasury, but I could be wrong.
Hi Ashley,
It’s difficult to say. In general paper returns take 4-8 weeks for the IRS to process. However, if they have to review it extensively to resolve these competing claims it could be longer.
It is my year to claim my son as a dependent, his mother has the uneven years and I have the even ones. I was told that he has already been claimed as a dependent. His mother claims she can file head of household even though she is married and has two other children. She even called to verify it was my year to claim him. What can I do about this. I know she cannot claim head of household since she is married, can anything be done about that also?
My ex and I were never. Married he pays child support but never sees his children we haven’t been with each other for five years the children have always lived with me I’m on social security. So I don’t have to file taxes my boyfriend that lives with me and my children claimed. Them on his taxes for earned. Income but my my claimed them too who would be entitled. To it
my boyfriend and I have lived together for 1.5 years. Last year he claimed me as a dependent,why can’t he claim me this year I haven’t worked all year. He told me that some one else claimed me this year and if so can I find out who?
Hi I was windering if I can claim my daughter on my taxes with out her mothers permission i support my child n I live with her for 8 momths is that possible?
Hi Jeremy,
You can try filing a paper return claiming your son. If you do, be sure to include a cover letter explaining your situation to the IRS. There’s no guarantee that they’ll give the dependent to you, especially if she actually does meet the qualifications for claiming him. The IRS will likely give the dependent to the taxpayer he lived with for the longest amount of time during the year, and if that’s equal, they’ll likely give it to the taxpayer with the highest AGI. http://www.priortax.com/filing-late-taxes/who-qualifies-as-a-dependent-on-your-taxes/
Hi Crystal,
The IRS will likely award them to whichever taxpayer is qualified to claim them. You can see the requirements here: http://www.priortax.com/filing-late-taxes/who-qualifies-as-a-dependent-on-your-taxes/.
Most likely this will end up being the parent they live with the most. If they live with you, and did not live with him at all during the year, then you are the one who has the right to claim them.
Hi Carolynlecca,
First, make sure that your boyfriend really can claim you as a dependent. He definitely CANNOT claim you as a qualifying child. The only possibility would be for him to claim you as a qualifying relative. You can find the requirements on the article from our sister site PriorTax: http://www.priortax.com/filing-late-taxes/who-qualifies-as-a-dependent-on-your-taxes/.
If he CAN claim you as a dependent, then he will have to file a paper return, since apparently your SSN has already been used. Make sure he includes a cover letter explaining the situation and evidence proving that you’re his dependent. One of your relatives could have claimed you or you could be the victim of identity theft, but either way you shouldn’t let that stand in the way of your boyfriend claiming you, if in fact you meet the requirements.
Hi edgar d,
You don’t need anyone’s permission to claim your daughter as a dependent, provided she meets all of the qualifications. This article on our sister site PriorTax lays out exactly who you can claim as a dependent: http://www.priortax.com/filing-late-taxes/who-qualifies-as-a-dependent-on-your-taxes/.
IF your daughter lived with you for eight months out of the year, my guess would be that you have a right to claim her and her mother does not.
My fiance and his ex filed taxes together in 2011 and filed married even though they weren’t legally married. Since they did that they ended up having to go through an actual divorce when they split up. In those divorce papers it is court ordered that they switch off every other year for the child tax credit. This year is his first year to claim his son since they split in 2011. When he filed he provided the court order as proof that he is allowed to claim him this year. He obviously wasn’t able to get the EIC for him but they said because of the court order he was allowed the dependent tax credit for his son. He e-filed through a tax service here and the status says its been received and is processing and has said that since shortly after the 24th when we had them done. Would the 21 days start from the day it said it was received or the 30th since they delayed things this year? He also doesn’t believe the Ex will follow the court order and also try to claim him for the child credit. Could that possibly be why it still hasn’t been approved? The mother did not work this year and like last year would have filed married with her boyfriend so that he could claim the child. Is he legally allowed to claim my fiance’s son without being his legal step father if the mother didn’t have taxable income? Sorry for so many questions but I’ve never gone through this before with children.
i had put our dependant in to see if my return would be more .and it wasnt the case. i forgot to remove her and alredy filed . now my other half has file with our dependent and the irs has rejected her’s. what do we do to not further delay out taxes?
Hi Confused,
The 21 days start from Jan. 30th because that’s when the IRS actually started the returns. I wouldn’t worry yet about his ex claiming the child. If she had already claimed him, your fiance’s return would have been rejected by the IRS, which usually awards a dependent to the first person to file. And no, the ex’s boyfriend can’t claim your son as a qualifying child. He may be able to claim his as a qualifying relative, but I think that’s highly doubtful. (You can see the difference between a qualifying relative and a qualifying child here: http://www.priortax.com/filing-late-taxes/who-qualifies-as-a-dependent-on-your-taxes/). I wouldn’t worry about your fiance’s refund until it’s after Feb. 21st.
Hi Ryan,
If you want to remove the dependent from your return you will have to file an amended return. As for your other half, she can file a paper return.
Thank you very much for the response! I feel a lot better with my questions being answered. Come to find out his ex did try to go against the court order and try to claim him but she got a letter in the mail from the IRS yesterday telling her that her returned was denied because she was trying to claim a child that had already been claimed. I did forget to add that we live in Kansas which apparently is a common law marriage state which I found out during my research yesterday. Would that change anything as far as her fiance claiming my boyfriends son? They have filed married on taxes the past two years and they do live together. We don’t care if they claim him on their year every other year its just the years my fiance is supposed to be able to claim him that we care about. Thanks again!
my exgirlfriend still lives with me and i have primary custody of our daughter, she filed her taxes and claimed our daughter but i have supported both of them and thus only fair that i get get the tax return credit. now im about to file any help in this??? esb2009@yahoo.com thanx
I have a question I can’t seem to find the answer to: ok I’ve lived with my mom and girlfriend and on my own almost equaly for
2012, meaning I lived on my own for about 4 months my mom about 4 months and my girlfriend about 4 months. I only had one job the whole year for 3 days making around 400 dollars, but in march of 2012 I cashed out a pension I had for about 16,000. The federal witholding was around 2900. I received a 1099-r for that and a w2 for the job I worked for the few days. Now here’s my question, I recently found out my mom somehow claimed me (I’m 28yrs old) on her taxes. She told them I didn’t work or make any money the whole year. I did some research and found out I still need to file a return and I may even get some much needed money back. I know its a mess but I need your advice, should I just file as usual? Or am I going to be rejected because I’ve been claimed already? I don’t want my mom to get in trouble either, can you please offer me some advice on how I should handle this? Please any information will be helpful. Thanks
Hi Confused,
As long as your fiance claims them first, there’s no way she can claim them. The IRS makes sure that only one personal exemption can be claimed for every Social Security number.
Hi Errol,
Actually, when it comes to claiming dependents it makes no difference whether you supported them or someone else did; the dependent just can’t have provided half of their own support. Based on what you’ve described, it sounds like your ex-girlfriend does have the right to claim your daughter. You can find the full list of requirements here just to make sure: http://www.priortax.com/filing-late-taxes/who-qualifies-as-a-dependent-on-your-taxes/
Hi Nathan,
Based on your description, it sounds like your mother does NOT have the right to claim you as a dependent. You are much too old to be a qualifying child and in order for her to claim you as a qualifying relative, you must have a gross income less than $3,800 (which you didn’t). You can find more info here: http://www.priortax.com/filing-late-taxes/who-qualifies-as-a-dependent-on-your-taxes/
Basically, you have two options. You can either file your return saying that someone else claimed you as a dependent. Your return will be accepted, but there is a possibility given your age and income that the IRS would investigate your mother’s return more closely.
Or you can file claiming your own personal exemption (basically asserting that you were not a dependent). This will be rejected if you e-file so you need to paper file. You should also include a cover letter explaining the situation and evidence proving you were not a dependent. This will definitely cause your mother’s return to be reviewed and she will most likely have to pay back a great deal of her refund and file an amended return.
It’s understandable that you don’t want to get your mother in trouble with the IRS, but I highly recommend you take option two. Not only will your refund be larger, but what your mother’s doing is technically illegal (whether she realizes it or not). Luckily, as long as she is due a refund she won’t have to pay any penalties or interest and I doubt that she will have to suffer any penalty greater than paying back a portion of her refund.
Hello,
I now reside with my girlfriends mother who needed help catching up with the rent, and so I gave her permission to claim my child as a dependend. I only agreed on five hundred dollars and knowing from the past (3 or 4 years ago) she had claimed my son without our permission. So now I am worried that she had done so again, but she swears to God that the IRS messed up and the whole thing is still pending. What can I do to find out if she’s telling the truth or not?
HI I NEED SOME ANSWERS I THINK MY DAUGHTER MAY HAVE BEEN CLAIMED BY HER DADS WIFE? HOWEVER SHE DOES NOT GO THERE AND HE DOES NOT SUPPORT HER IN ANY WAY AT ALL NO CHILD SUPPORT NOTHING. HOW DO I FIND OUT AND WHAT CAN I DO ABOUT THIS? THANKS
My ex mother in law claimed my kids without my permission. My mother was supposed to claim them. Is there a way that I can report my mother in law & my mom still be able to claim them? Help..
Hi Gary,
Well, the only way to know if someone has claimed your dependent is to e-file a return of your own claiming your own child. If it gets accepted, she didn’t claim your child. If it gets rejected it means that someone (possibly her) claimed the child. You could try calling the IRS to figure out who, but I’m not sure they would provide that information. If your return gets rejected the best thing to do is to mail in a paper return claiming your child as a dependent along with a cover letter explaining the situation and evidence that proves you have the right to claim the dependent.
Hi Misty,
The only way to tell if someone else has claimed your daughter is to e-file your own return claiming your daughter. If it gets accepted, that means no one else has claimed her. If it gets rejected, then someone (possible her dad’s wife) has claimed her. In this situation, the best thing to do is to mail in a paper return claiming your daughter along with a cover letter explaining your situation and evidence proving that you have the right to claim your daughter as a dependent.
Hi Tina,
At this point your mother needs to file a paper return claiming the kids. She should also include a cover letter explaining the situation as well as evidence that proves she has the right to claim them.
So I know for a fact that my sister user my kids ask her dependints and should not have, my miss live with me and I take Daddy of them we live in texas she lives in la. I understand that I half to send in a letter and my taxes but what’s the address that I send it to?
What is fiel a paper return??
Need some Advice……….When 2 grand
kids live in my Household and when we give 100% support for the kids(Home/Health/School) and the Father claims the kids on his return and tells us that he will deny the right for us to claim them,what will happen to US when our return comes back rejected? The School has records and as well as DEFACS and neighbors/co-workers knows that we had the kids for 12 months. How will the IRS decide who had the right to claim them for 2012? Will the Father or I be under penalty ? Do you think IRS will send one of the claimers to Jail?
I claimed people on my tax return, few days later i found out my dependents were already claimed. Found out my uncle fraudulently claimed my dependents, so i was told paper file so the irs can determine which taxpayer has the right to claim those dependents. But my uncle already received his refund. So what do i do? I barely paper mailed my tax refun a few days ago. Am i going to get rejected again since my uncle already received the money??? Are they going to collect that money from him ????
Hi Donna,
You can find the IRS address to file taxes here: http://www.priortax.com/filing-late-taxes/the-irs-address-to-file-taxes/
Hi Jose,
Filing a paper return means that instead of e-filing, you print out your return, sign it, and mail it to the IRS. You can still prepare your return using an online program, you just can’t e-file it.
Hi Cecil,
First of all, take a look at this article on our sister site PriorTax. It lists all of the requirements someone has to meet in order for you to claim them as a dependent: http://www.priortax.com/filing-late-taxes/who-qualifies-as-a-dependent-on-your-taxes/.
Now, if the father CAN claim them, according to these requirements, there’s little you can do about it if he’s already claimed them. If he CAN’T claim them and you CAN, then you should be able to get the full tax benefit for them regardless of what he does.
Every dependent’s SSN can only be claimed once. The IRS will automatically reject the second e-filed return that claims the same dependent. So, if you have already e-filed your return and it wasn’t rejected by the IRS, then you’re fine. That means you got there first and you’ll get to claim them.
If he filed before you and your return gets rejected, then all you need to do is file a paper return claiming them. Also be sure to include a cover letter explaining the situation as well as evidence that proves you have the right to claim them as dependents. The IRS will then review both returns and award them to the person who deserves them. Don’t worry. No one is going to jail and I think it highly unlikely that anyone will even have to pay a penalty.
Hi Jessica,
You did the right thing by paper filing. Don’t worry, only e-filed returns are rejected. When the IRS receives your return, it will prompt them to review both your and your uncle’s returns. You may be required to provide evidence proving that you have a right to claim the dependents if you have not already done so already. As for your uncle, if the IRS decides that he doesn’t have a right to claim them, he will have to file an amended return and pay back some of that extra refund money he got.
Hello ,
I just found out today that someone is claiming my 11month old son .
I don’t know who it could be because I’m the only one with his card and his father doesn’t even know it which we are together and I don’t know what to do Please help..!!!
Hello ,
I just found out today that someone is claiming my 11month old son .
I don’t know who it could be because I’m the only one with his card and his father doesn’t even know it which we are together and I don’t know what to do Please help..!!!
Hi Asiia,
Did you actually try filing your return? If not, do so now. There’s no way to know if someone has claimed your son unless you e-file. If the IRS accepts your return, that means you’re in the clear. If it gets rejected, that means that someone else has indeed claimed your son.
If your e-filed return gets rejected here’s what you need to do. Print out your return, sign it, and mail it to the IRS. Also include a cover letter explaining your situation and evidence proving that you have the right to claim your son as a dependent. The IRS will review both returns claiming your son and award the dependent to the person who meets the requirements.
I filed my taxes and the next day I found out someone had already claimed my son. It happened to be my parents. I had full custody and financially paid for everything. We did live with my parents but I worked full time and paid rent. I paid daycare and groceries. My son and I lived together with my parents from feb until dec of all of 2012. I know my parents owe the IRS bc my dad claimed to many dependents for several years. Not my fault.. I’m currently pregnant and really needed my whole return to help my children and I financially I’m a single mom. I’m due April 30th how fast can I get this fixed?
Hi Tristan,
Based on your description of the situation, it sounds like your parents actually do have the right to claim your son as a dependent. You can find the requirements you have to meet here: http://www.priortax.com/filing-late-taxes/who-qualifies-as-a-dependent-on-your-taxes/. It doesn’t actually matter who provided support for your son as long as he didn’t provide more than half of his own support.
However, you also meet the requirements to claim your son. And when two people both meet the requirements to claim a child, the IRS will generally award him to whoever he lived with for the longest amount of time during the year.
Here’s what you need to do: print, sign, and mail your return to the IRS. Include a cover letter explaining the situation as well as evidence that proves you meet all of the requirements outlined in the article above as well as proof that your son lived with you for the full 12 months of 2012. You should be able to have all of the paperwork taken care of before April 30th, but there’s a chance that you won’t have your money yet. These situation can often take several months to resolve.
I efiled my taxes and they were rejected because it said someone else had already claimed my son as a dependent. I feel like my ex husband his father claimed him. Is there anyway that I can do something to find out if he did claim him or have him audited so that he will have to amend his taxes so that I can claim my son. My son lives with me the entire year, his father is ordered to pay child support but half pays it and our divorce papers state that he can not file him on his taxes. I know that I can file mine by paper and go that route but I was wondering before I did that if I could contact the IRS and something be done about it.
Im in the middle of a custody battle and the kids have lived with me for 5 years. They still live with me and i found out this year that their mothers new boyfriend claimed them on his taxes and got the refund. How do i go about fixing this? my return has been processing for 23 days now and ive heard nothing.
What do you do when you file claiming your 20 yr old child as a dependent. They move to a different state after you file, and then tell you you BETTER give them the money for claiming them or they will turn you in for Fraud? A measly $270.
Hello, I am being audited this year. I have had to take an idenity test which I passed now I have to send in proof of me dependents. The only problems with this is my niece stays with her mom some but I provide care for her. Would a letter help I have been claiming her for the past 3 years.
Hi Andrea,
There’s really no way to force him to amend his return so that you can e-file. Pretty much the only route available to you is filing a paper return.
Hi Steve,
I’m confused. Clearly you’ve filed already, but did you file a paper return claiming them or did you e-file a return that didn’t claim them. What you should have done is mail in a paper return claiming them. If you did this, then realize that it’s going to take a while for the IRS to process, a lot longer than 23 days. They have to review both of the returns that claimed the dependents and then award them to the person who deserves them.
Hi Diane,
First of all, you need to figure out whether or not you are eligible to claim them. This article will provide some more info: http://www.priortax.com/filing-late-taxes/who-qualifies-as-a-dependent-on-your-taxes/. You can only claim a 20yr old as a qualifying child if they were a full-time student during 2012. If not, then you might be able to claim them as a qualifying relative, but the requirements are pretty strict.
If it turns out that you really could claim them as a dependent then you’re fine. You don’t need to do anything. If you shouldn’t have claimed them as a dependent then you should file an amended return with the IRS which will probably ask you to pay back some of that money. I would not pay any money to your child. It’s up to them to file their own return claiming their own personal exemption.
Hi Charlotte,
I letter from her Mom is not really going to help. You have to offer proof that she meets all of these requirements: http://www.priortax.com/filing-late-taxes/who-qualifies-as-a-dependent-on-your-taxes/.
Here are the different forms of evidence that the IRS will find acceptable: http://www.eitc.irs.gov/public/site_files/F866-H-DEP-2012.pdf.
Also, just a piece of advice, there is no way that you can claim your niece as a qualifying child, so if that’s what you’ve been doing you’re probably out of luck.
i know my sons dad claimed our son on his taxes..but my son lives with me 90% of the time. what can i do about this?
hey, trying to find out if my kids been clime on someone else taxes tried to file them but can’t please help
please help me someone file my kids on there taxes
Hi Hilda,
You can file a paper return claiming your son as a dependent. Also include a cover letter explaining your situation and evidence proving that you have the right to claim him. In order to claim someone as a qualifying child, they must have lived with you for at least half the year, so it sounds like your son’s dad does not have the right to claim him.
For 2 yrs now someone has been claiming my son as a dependent on their taxes.. When I prove that I was cheated, will I be reimbursed? Even more importantly, how can i be sure this wont happen again?
Hi Santana,
What you need to do is file a paper return. Also include a cover letter explaining your situation and evidence proving that you have a right to claim your kids. The IRS will then review both returns and award the dependents to the person who most deserves them.
Hi Sabrina,
Did you file taxes for those two years? If not, you should do so now. You will have to paper file and you can also include a cover letter explaining the situation and evidence proving you have a right to claim the dependents. If you did file for those two years but did not claim your son, you should file amended returns. I’m not sure what you mean by “reimbursed” but you will receive the refund you deserve. As for preventing this in the future, the best thing you can do is file as early as possible.
My husband’s 20 year old daughter lived with us the entire year of 2012 while attending tech school. We were planning to claim her on our taxes this year, but her mother already has claimed her on her taxes. She said that she and my husband had made a deal that she would get to claim their daughter and he their son back when they were divorced. They shared custody during this time so the kids were with each parent 1/2 time. However, now, since his daughter lived with us, can her mother leagally claim her? Thank you for any advice.
Hi Cheryl,
Normally you are correct, she would have to live with her mother in order for her mother to claim her. However, in the case of divorce or separation these rules break down, especially if there’s a written agreement between the two parties. Check out page 13 of this IRS document to see if it applies to your husband’s situation: http://www.irs.gov/pub/irs-pdf/p501.pdf
My wife and I have always filed jointly. Last year and again this year someone has filed one of our children. Last year we filed a paper return. The IRS sent a form to say they were investigating, and we did receive return late last year. But how do they allow this to happen again this year, with the same dependent? Are they that behind that the same person(s) can file my child two years in a row? What can I do to stop this from occurring next year besides trying to file before them?
I have trouble with the common advice that a rejected return be paper filed with a cover letter to explain the situation and expect an audit.. Problem is then the taxpayers entire refund is put on hold for 7 months. What if there would have been a substantial refund irregardless of the dependency dispute and the money is needed ASAP 7 months is too long to wait. My advice would be to file the return not claiming the dependent, get the refund in hand, then file an amended return claiming the dependant with a cover letter , etc and get ready for the audit same as before. This way the undisputed part of the refund is not held up. Anybody disagree with this approach??
Hi JB,
Unfortunately filing before them is really the best thing you can do. Next year you should file as early in January as possible. The IRS has implemented changes to its system to try to prevent identity theft like this, but apparently they’re not catching everyone. You could also try asking the IRS for an IP PIN for that dependent. They don’t give them to everyone but that might help.
Thanks for the tip on an IP pin. I haven’t heard that before, so Ill definitely keep it in mind when contacting them.
Three weeks ago i had to paper file my taxes because my child’s father claimed my daughter and wasn’t suppose to. I mailed the cover letter with 2 proofs that my daughter lives with me, but the question I have is will I get my regular return back before the money I would have received for claiming her? And also how long does the whole process take since I included everything in the letter that was needed?
Hi Ashley,
You will get all of your refund at one time – they won’t pay you part of it and then the rest of it later. How long the process takes depends on each individual case. There is a chance that it could be resolved within a few weeks but I would be prepared for it to take several months.
My accountant said that I could send i could send in a return without her and on it and then resubmitt my taxes with her on it. Which i did end up doing and they accepted that also. Im wondering if I should just call.
I am writing this on behalf of my brother. He filed his taxes back in Jan. and he has still not received his return. When he goes to the official IRS tax site it says that his return is still being processed, however he did receive a letter from the IRS that states they are checking his return and will give him a response no latter then April 18. I a just trying to help him understand what is going on. The only reason that I could come up with why this may be is because someone else may have claimed his children. Does this sound like a possible reason why the IRS would be holding on to his tax refund. I also was wondering if someone else did claim his children and the IRS proceeds with an audit. Is it true that the children would not be able to be claimed on next years taxes? Please if there is anyway to help me I would appreciate it. Thank you.
Hi Colleen,
It’s possible that the IRS could be reviewing his return because someone else claimed his dependents but I think it’s fairly unlikely. If someone else had already claimed your brother’s dependents his return would have been rejected by the IRS (unless he paper filed). His return has problem been claimed for review because it features certain deductions or credits that the IRS identifies as often being abused for tax fraud.
Where can I find a sample cover letter for this? My ex husband claimed my son, although my son has been legally living with me for the past two years & my current husband & I for the last 9 months. My ex has not even seen my son in over a year. I have the required proof needed to make the claim, just no idea where to start with a cover letter or who to specifically address it to. Thanks.
Hi Jaime,
I don’t think you need a sample cover letter. Just address it to the IRS and explain how you meet the requirements to claim your son as a dependent and how your ex-husband does not.
Last year i was unemployed and i asked my brother to claim my daughter and then my ex (paperfilled) nd also claimed her recently my brother got a letter saying someone else claimed same child we were not living w/ex at that time nd i asked my ex to amend his nd he is not willing to do that i dnt want to get my brother in any trouble what would happend next?
Hi Nomiii,
Well, it sounds to me like neither your brother nor your ex have the right to claim your daughter as a qualifying child. Your brother can’t claim her because she is not legally his daughter. And your ex can’t claim her because she did not live with him for at least half of the year. Your brother should look into claiming her as a qualifying relative. You can find the requirements here: http://www.priortax.com/filing-late-taxes/who-qualifies-as-a-dependent-on-your-taxes/.
Here is what SHOULD have happened. You should have filed your own return and claimed your daughter as your dependent. Even though you were unemployed you very likely could have gotten a refund. You do not have the right to “give away” a dependent to anyone. They must meet the requirements in order to claim them. As for resolving the situation above, your brother needs to file an amended return either claiming her as a qualifying relative or not claiming her at all. Then your ex needs to amend his return so that he does not claim her as anything.
I went to claim my taxes and someone claimed my kids allready there is no way unless some one did it in way of fraud what action do i take who do i call?
Hi,
This may be lengthy but I will explain to the best of my ability.
My husband, still married, and I decided to separate during May of last year. We are still married and still very close, just not living together at this time. I lived with my husbands Mother from May 7th of 2012 til July th of 2012 and took my three children with me out of the household July 13th. The father of my children are my husband. Anyways, due to a personal decision between my husband and I we decided to let our three children stay with his mother until further notice. She got them, without me moving in, on July 27h. I have legal documentation stating that this in fact is true. So, without me living with them with her, she has had them since July 27th, me being absent from the household. I went to file my taxes and of course she claimed them, didn’t say anything to me about it and she doesn’t have legal custody of them either. We are however going through a custody battle at the time, but again she doesn’t have legal custody and she didn’t have them, without me in the picture, for over half the year.
Yet she told me that I had no right to claim them and it was against the law if I did. I want to know if this is true and if I can claim them what do I need to provide to show that I had them for over half the year besides the court transcript stating that she hasn’t had them until July 27th?
Hi Derrick,
For more info about what to do when someone users your SSN or that of your dependents, check out this post on our sister site PriorTax: http://www.priortax.com/filing-late-taxes/someone-used-my-social-security-number-to-file-taxes-what-should-i-do/
Hi Tori,
Based on your description it sounds like your children were living with your mother-in-law from May 7-July 13 and then again from July 27-December 31. By my count that’s over half the year. This means that she does have the right to claim them.
However, it also sounds like they lived with you for over half the year as well, which means that you too have the right to claim them. In these situations the IRS will reward the dependents to whomever they lived with for more time. So you need to figure out whether they were literally with your or the mother-in-law for more nights. You should know that her having legal custody over or not has nothing to do with and every night that you were with them in her house can also count as a night that they spent with her.
If it turns out that they spent more nights with her than you, you probably shouldn’t even bother claiming them as they will likely be awarded to her anyway. If it turns out they spent more nights with you, you should paper file your return claiming them along with a cover letter and evidence. You can find a list of evidence accepted by the IRS here – http://www.eitc.irs.gov/public/site_files/F866-H-DEP-2012.pdf
So even though I was there from May 7th til July 13th, living with the mother in law and my kids as well, does that not count towards them staying with me as well?
Yes, it counts toward them staying with you but it can also count toward them staying with her.