Employee

Question

How can I stop someone from claiming my dependent on their tax return? They use this site as well.

Forum|Forum|7 years ago
June 1, 2019
16 replies
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Employee

You cannot ... just file your return correctly and if the child has already been claimed you will mail in your return along with a form 14039 to report the usage.

M

Mydoggy303

someone else is i want them to stop claiming my kids on they tax i don't get no stimulus money from that person claiming my kids on they tax

DoninGA

Employee

You cannot stop someone from completing and filing a fraudulent or incorrect tax return.

All you can do is correctly complete and file your tax return. If the individual files a return and it is accepted by the IRS before you e-file your tax return, then your return will be rejected for e-filing since a return with the Social Security number of the dependent has already been entered into the IRS systems. You would have to print and mail your tax return to the IRS and include the dependent on your tax return. If you are owed a tax refund the IRS will send you the refund.

Within a year the IRS will notify each taxpayer requesting that they need to amend their tax returns if they incorrectly claimed the personal exemption of the dependent. If neither taxpayer amends their returns then the IRS will again notify each party that the IRS will require proof that the taxpayer was eligible to claim the dependent. You should respond immediately with the proof that is requested by the IRS. The party that was in the wrong will have to repay any tax refund and also pay penalties and interest on the taxes owed.

If you know who the other party is claiming the dependent incorrectly, you may want to let them know the consequences for doing so.

If this is a matter of identity theft then you can complete an IRS Form 14039 Identity Theft Affidavit, so in the future an Identity Protection PIN would be required with the tax return that is claiming the dependent's personal exemption. Go to this IRS website for Form 14039 - https://www.irs.gov/pub/irs-pdf/f14039.pdf

M

Mydoggy303

okay how can i do that please

M

myfirstloveone

How do I stop someone claming my child

VolvoGirl

Employee

Read the prior answers. You can't. If someone files before you then your return will reject. Then you will have to print and mail your return. The IRS will send you both letters to determine who can claim your child.

K

keysharaj93

Hello my name is Keyshara [last name removed] someone has been claiming my child Steven [last name removed] On there tax return. I have had full cusdody please do allow no one file my son. please call me @[phone number removed] thanks

DoninGA

Employee

@keysharaj93 wrote:

Hello my name is Keyshara Jones someone has been claiming my child Steven Owens Jr On there tax return. I have had full cusdody please do allow no one file my son. please call me @[phone number removed] thanks

No one, not even the IRS or your state can prevent anyone from entering someone as a dependent on their tax return.

Just e-file your tax return with the dependent entered. If the e-filed tax return is rejected because someone else used the Social Security number on their tax return you will have to print and mail the tax return.

The IRS will sort it out within a year by requesting information from both you and the other party to prove they can claim the dependent on the tax return. The losing party has to pay back any refund based on the dependent plus penalties and interest.

Critter-3

@keysharaj93

OMG ... do NOT ever post PII on a PUBLIC forum where scammers troll for marks.

A

AmeliesUncle

If your child is a victim if Identity Theft, you can report that to the IRS and they will mail you a special PIN that is required to file your tax return. Someone that does not have that PIN can not claim your child as a dependent on an e-filed return.

https://www.irs.gov/newsroom/taxpayer-guide-to-identity-theft

There is also a new voluntary opt-in PIN that does the same thing starting for your 2020 tax returns. The IRS won't have it ready until mid-January, so whether or not it will work out well for this year or not is questionable.

https://www.irs.gov/identity-theft-fraud-scams/get-an-identity-protection-pin

N

Nafiso1991

Someone is trying to use claim my child and I need to know how to stop them

DoninGA

Employee

@Nafiso1991 wrote:

Someone is trying to use claim my child and I need to know how to stop them

Neither you nor the IRS can stop someone from filing a tax return with your child as a dependent.

How to file your tax return has been answered in this thread. Please read the response from @Hal_Al

BI

I'm trying to stop my family member from filling me this year.

DoninGA

Employee

@Monkey 6 wrote:

I'm trying to stop my family member from filling me this year.

Then tell them not to if you are not eligible to be claimed as a dependent. No one can stop someone else from filing a tax return with a dependent being claimed, rightly or wrongly.

M

Monkey 6

Ya but you do not stay with them.you are on your on in your own house.

R

Restes4380

I would like to stop some one from claiming my kids on there taxes I need a pin number and from getting the stimulus check I haven't gotten any stimulus money off my kids can I file a amendment

P

PattiF

There is no way to stop someone from claiming your children on their taxes. You could file as soon as possible to have your return received first by the IRS.

If you file electronically and your return is rejected because your dependents have already been claimed, then you can file a paper return to claim the kids.

The IRS will review your information and determine who should be claiming the children. This may take several months for everything to be worked out, but it may be what you need to do if someone else filed first and claimed your children.

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Critter-3

If you did not get the stimulus due to the kids being claimed by someone else then you will indicate that on the 2020 return when you enter the amount you did get and if you were shorted you will get it on the 2020 return.

Same will go for this third round of payments in 2021 ... if you don't get it in advance for any reason you get it on the 2021 return you file next year if you are eligible for the credit.

M

Mydoggy303

how can i stop someone claiming my kids on they tax return

J

Jay1580

I think someone claim my child as independent I didn’t get rich child tax credit and I should have I got it last year

KathrynG3

While someone else cannot be stopped from claiming your child as a dependent, if you qualify, then file your 2020 tax return by mailing it in. It cannot be e-filed since the social security number of the child has already been submitted.

To claim a dependent, the child must meet the same rules as for the Child Tax Credit in place for 2020.

A qualifying child must meet the 2020 Child Tax Credit rules and have a valid social security number.

From the IRS, 2020 Publication 972 (2020) Child Tax Credit and Credit for Other Dependents

Qualifying Child for the CTC

A child qualifies you for the CTC if the child meets all of the following conditions.

The child is your son, daughter, stepchild, eligible foster child, brother, sister, stepbrother, stepsister, half brother, half sister, or a descendant of any of them (for example, your grandchild, niece, or nephew).
The child was under age 17 at the end of 2020.
The child did not provide over half of his or her own support for 2020.
The child lived with you for more than half of 2020 (see Exceptions to time lived with you , later).
The child is claimed as a dependent on your return. See Pub. 501 for more information about claiming someone as a dependent.
The child does not file a joint return for the year (or files it only to claim a refund of withheld income tax or estimated tax paid).
The child was a U.S. citizen, U.S. national, or U.S. resident alien. For more information, see Pub. 519, U.S. Tax Guide for Aliens. If the child was adopted, see Adopted child , later.

......In addition to being a qualifying child for the CTC (defined earlier), your child must have the required SSN.

The IRS will sort it out as @Hal_Al stated.

When the 2020 tax return is filed, complete the Recovery Rebate Credit section.

To do this in TurboTax, follow these steps:

Go to the search box and enter stimulus. Click the Jump to link.
Answer Yes.
At the next screen, Let's double-check the amount you received, answer No to edit the first-round and second-round amounts.
If no stimulus amount was received, enter 0. An amount must be entered in each box. When finished, click Continue.