Question

Tax Year Prior to 2020: What to do if someone else claim my son on thier incom tax without my permission

Forum|Forum|6 years ago
June 7, 2019
57 replies
0 views

someone has stolen my son idenity and mines what do i do

Hal_Al

Employee

No. All you can do is file your own return. On paper, if necessary.

O

only1sexyblack

How can I stop someone else from claiming my kids? Is there a form I can fill out to prevent this from happening?

C

Chanelblove1

I need to claim my 14 year old son can u let me know what to do I believe someone claimed him how can I stop them from claiming him next year

vanidosa27

When you send the paper return do you have to send a note saying that the return rejected due to someone else claiming the dependents?

Hal_Al

Employee

No. Just mail the regular forms

Hal_Al

Employee

If this is a case of some other known person, claiming your and/or your child's tax exemption, rather than actual identity theft, it should be handled differently.

If someone else claimed your child inappropriately, and if they file first, your return will be rejected if e-filed. You would then need to file a return on paper, claiming the child as appropriate. The IRS will process your return and send you your refund, in the normal time. Shortly (up to a year) thereafter, you'll receive a letter from the IRS, stating that your child was claimed on another return. It will tell you that if you made a mistake to file an amended return and if you didn't make a mistake to do nothing. The other party will get the same letter you did. If one of you doesn't file an amended return, unclaiming the child, the next letter, from the IRS, will require you to provide proof. Be sure to reply in a timely manner.

Winner gets the tax benefits; loser gets to pay the IRS back with penalties and interest. The custodial parent almost always wins. The non-custodial parent can only claim the child as a dependent if the custodial parent gives permission (on form 8332) or if it's spelled out in a pre 2009 divorce decree.

V

vonettagadson

yes i would like to know where can i go at to find out who file my child without my permission

J

Judd

Employee

Hello Johnzerrius,

Sorry to hear of your problem. Please see the IRS discussion ofthe issue. http://www.irs.gov/uac/Identity-Protection

Do not delay in letting the IRS know. File form 14039 ASAP. http://www.irs.gov/pub/irs-pdf/f14039.pdf.

The upshot is that with both your son's and your ID showing signs of ID theft, you will need to fill your returns by mail. If it were only your ID there is way for the IRS to allow you to e-mail, but they hadn't yet adopted procedures for when it is a dependent as of the last time I looked at this. The form 14039 does not cover that situation, so I doubt very much that any changes have been made.

Good luck with this issue. Thanks for choosing TurboTax.

K

kuku-ctc

What happens if the custodial parent give the right to the noncustodial parent to file and gets mad and tell irs you stole the identity and she gave you no right to file ?

S

SweetieJean

Employee

A verbal okay is not enough, The custodial parent is provided to provide the other parent with a signed Form 8332:
<a rel="nofollow" target="_blank" href="https://www.irs.gov/pub/irs-pdf/f8332.pdf">https://www.irs.gov/pub/irs-pdf/f8332.pdf</a>

P

pobox352002

what if i just went on and filed my taxes without my son being the dependent, can i still report the person that carried my child to the IRS , especially if I know them?