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How can I report someone else claiming my child?

Forum|Forum|6 years ago
June 5, 2019
18 replies
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Someone else claimed my son whom I have been claiming the last 10 years. How can I report this?

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Best answer by RachelW33

Please click this IRS link for information on how to report fraud:

https://www.irs.gov/individuals/how-do-you-report-suspected-tax-fraud-activity

If your return was rejected because someone else already claimed your child, you will need to mail your tax returns this year. Once the IRS receives your return, they will send out paperwork to both you and the other person who claimed your child to determine who should be claiming him/her. Once you prove you are the rightful claimer, they will issue the refund to you and rescind it from him.

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NENDZA3

My ex husband i just found out has claimes both my daughters for this tax season and is gettinf rhe stimulis checks for rhem and rhe new child tax credit. I have court papers proof of residency and all school and medical records that prove 24/7 my kids are with me and he isnt allowes ever to claim them. To top it off he lives in a completely different state than we do. How or what do i need to do to report this and file so my kids and i are allowed to receive this finacial help as wr have takes a huge finacial loss from covid as well and i thought we could bounce back with these stimulus money that i now know we arent getting bevause. Of him which he admitted stupidly he was getting .

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xmasbaby0

Employee

@NENDZA3 As several replies in this thread already tell you, when someone else claims your child and files a tax return first, then you have to print, sign and mail your own tax return that claims your children. The IRS will process your return and you will get the child-related credits for claiming the dependents. The IRS will then sort out who can rightfully claim the children and will send letters to both of you. You will be able to show the IRS that the children live with you. Your "ex" will face fines and repayment of any refunds and/or stimulus money that he was not entitled to receive.

You cannot e-file your 2020 return. Print it, sign it and date it in ink and mail it.

When you mail a tax return, you need to attach any documents showing tax withheld, such as your W-2’s or any 1099’s. Use a mailing service that will track it, such as UPS or certified mail so you will know the IRS/state received the return.

Federal and state returns must be in separate envelopes and they are mailed to different addresses. Read the mailing instructions that print with your tax return carefully so you mail them to the right addresses.

**Disclaimer: Every effort has been made to offer the most correct information possible. The poster disclaims any legal responsibility for the accuracy of the information that is contained in this post.**

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NENDZA3

aghh but there is a twist to this tale....i alrwdy did do my taxes initially i forgot to claim my kids as dependants and now that my ex husband has stolen theri information and claimed them and has been collecting do i still file an ammended return or a tax fraud identity form? also if i sent my ammended return in with all the documents needed to proove the kids are 24/7 with me and the courts ordered by ex husband never allowed to claim my kids for taxes and i know it was sent to the right branch of the irs becaise i paid for signed delivery....how long should it take for them to even acknowledge they got the documents at least because they signed for my documents on may 21st and the where us my ammended return app and phone number still say no iformation is processed at this time please call back 3 weeks after the initial date you sent in your forms blah blah blah....shouldnt i be concerned as to why they arent atleast acknowledging receiveing my stuff yet? thank you so much

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Amos_86

Someonr has claimed my 15yr old son on their taxes without my permission

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xmasbaby0

Employee

@Amos_86

Someone else claimed my dependent and my return was rejected

If someone else claimed your dependent already, then your e-filed return will be rejected. Print, sign and mail your own return which claims your dependent. Mailed returns are processed differently by the IRS. It will take some time (maybe even up to a year) but eventually the IRS will contact both parties and sort out who could rightfully claim the dependent. The person who wrongfully claimed the dependent will face repayment of refund $, plus penalties.

When you mail a tax return, you need to attach any documents showing tax withheld, such as your W-2’s or any 1099’s. Use a mailing service that will track it, such as UPS or certified mail so you will know the IRS/state received the return.

**Disclaimer: Every effort has been made to offer the most correct information possible. The poster disclaims any legal responsibility for the accuracy of the information that is contained in this post.**

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Daddyshanda03

Hello my name is Elizabeth and my sons father Carey has been claiming my son Ethan has claimed my son almost all his life but my son has never lived with him and they finally served his child support papers the earlier part of this year but I haven't received any money from child support . Also he does not give my son his child tax money monthly nor did he give him any stimulus money. My son has always lived with me and I have custody of him but I don't work but I have never f

Gave him permission to claim my son on his taxes! Can u help me out with this problem before he files him again.

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Mike9241

you don't report him and you can do nothing to stop him from claiming the child on future returns. if you are the custodial parent, and assuming you otherwise qualify, you claim the child on your return. then at some point, the IRS will send each of you a request to amend your return. you don't and assuming he doesn't the IRS sends a second notice to each asking for proof (the notice will contain info on what constitutes proof - things like school records, medical bills, affidavits from neighbors, pictures of him and his room, etc). the IRS makes a decision on the proof submitted. the one who submits inadequate proof gets a bill for penalties, interest, and taxes. if you have not filed for 2018, 19 or 20 you do have the right to file those returns, if you filed them but did not claim the child you can file amended returns for those years claiming the child.

you are entitled to claim him if he is your qualifying child or relative and thus a dependent

you could claim him as a qualifying child if all these tests are met

he has the same principal abode as you for more than ½ the tax year. Temporary absences like for school are ignored
If not a full-time student, under 19 at the end of the tax year. If a full-time student, under 24 at end of the tax year.
he hasn't provided over ½ his own support
he didn't file a joint return unless there was no tax liability but merely filed jointly to facilitate refund of taxes withheld or estimates paid

or as he could be a qualifying relative if all these tests are met

his gross income for 2020 is less than $4,300
you provided over ½ his support
he isn't a qualifying child of another taxpayer

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Georgia60

My daughter is a drug addict and has not lived with my granddaughter for over a year. But when I filed my taxes and claimed her, my daughter had already done so.

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xmasbaby0

Employee

@Georgia60

Someone else claimed my dependent and my return was rejected

If someone else claimed your dependent already, then your e-filed return will be rejected. Print, sign and mail your own return which claims your dependent. Mailed returns are processed differently by the IRS. It will take some time (maybe even up to a year) but eventually the IRS will contact both parties and sort out who could rightfully claim the dependent. The person who wrongfully claimed the dependent will face repayment of refund $, plus penalties.

When you mail a tax return, you need to attach any documents showing tax withheld, such as your W-2’s or any 1099’s. Use a mailing service that will track it, such as UPS or certified mail so you will know the IRS/state received the return.

**Disclaimer: Every effort has been made to offer the most correct information possible. The poster disclaims any legal responsibility for the accuracy of the information that is contained in this post.**

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Teelaree

I also need to knpw this

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ErnieS0

You can include your child on your tax return as your dependent, if your child qualifies.

If two people claim the same child, the IRS will ask for more info and discover the other person is illegally claiming your child. Unfortunately, this will delay your refund.

You can also use Form 3949-A, Information Referral to report suspected tax fraud. The IRS does not take tips over the telephone @Teelaree.

How Do You Report Suspected Tax Fraud Activity?

**Say "Thanks" by clicking the thumb icon in a post**Mark the post that answers your question by clicking on "Mark as Best Answer"

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AngelaAveri

Hi how can I report my daughter father for claiming our daughter on his taxes with out my permission. He got her two Stimulus checks and all of her child tax credit money. We were never married or never has our daughter ever lived with him at anytime in her almost 9 years of her life. He’s Fouced to pay child support once a month as well

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SweetieJean

Employee

How Do You Report Suspected Tax Fraud Activity? | Internal Revenue Service (irs.gov)

You might also hire a lawyer to write him a Cease and Desist letter.

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Tyshiann

Somebody file my kid don’t my problems on the tax

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Mike9241

claim your child. you'll have to mail in your return. eventually, each of you will get a notice to amend (remove the dependent). if the other party doesn't then each of you will get a second notice asking for proof that they are entitled to claim the person. this would include things like the birth certificate, doctor records, school records, picture of you and the child in their room, signed affidavits from neighbors, etc.

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Jivjiv

A lady named tanadya steward claimed 2 of my kids on her 2021 taxes when I tried to claim them.,because the lived with me all year.when I tried to file them it wouldn't go through.she worked at Jackson Hewitt..she braged about it in front of people because I didn't go to her brother funeral..I hated him he physically an mentally abused us.She said she would get away with it because she works at Jackson Hewitt

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xmasbaby0

Employee

@Jivjiv If someone else claimed your dependents and then your e-file was rejected, you need to file your correct tax return that claims your children and file it by MAIL. The IRS will then sort out who could claim the children. If you have not already done so then you can still file that 2021 return that claims your children.

When you mail a tax return, you need to attach any documents showing tax withheld, such as your W-2’s or any 1099’s. Use a mailing service that will track it, such as UPS or certified mail so you will know the IRS/state received the return.

Federal and state returns must be in separate envelopes and they are mailed to different addresses. Read the mailing instructions that print with your tax return carefully so you mail them to the right addresses.

There is no point in posting personal information about the person who claimed your children here in this user forum. TurboTax cannot sort it out for you or intervene with the IRS for you.

Please remove the personal information you posted here ASAP by returning to your post and clicking the three little blue dots on the upper right to edit your post.

https://ttlc.intuit.com/questions/1900655-what-to-do-if-you-suspect-tax-related-identity-theft

Most important) Follow the IRS procedures for reporting a fraudulent return, documented here: www.irs.gov/uac/Taxpayer-Guide-to-Identity-Theft

IRS INFORMATION REFERRAL TO REPORT VIOLATION OF TAX LAW

https://www.irs.gov/pub/irs-pdf/f3949a.pdf

If your Social Security number is compromised and you know or suspect you are a victim of tax-related identity theft, take these additional steps:

Respond immediately to any IRS notice; call the number provided.
Complete IRS Form 14039, Identity Theft Affidavit. Then print and mail or fax according to the instructions.
Continue to pay your taxes and file your tax return, even if you must do so by paper.

6-digit IP NUMBER FROM IRS

https://content.govdelivery.com/accounts/USIRS/bulletins/2af48f0?reqfrom=share

**Disclaimer: Every effort has been made to offer the most correct information possible. The poster disclaims any legal responsibility for the accuracy of the information that is contained in this post.**