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May 31, 2019
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How do I find out if someone has used my dependent on their income taxes,

  • May 31, 2019
  • 42 replies
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I am trying to e-file my federal return and it's not going thru, their is a problem with one of my dependents and I believe that my daughter has been claimed on someone else's income taxes. How do I find out who is it, and how do I get them for fraudulently claiming someone who is not their dependent.
Best answer by Hal_Al
You can't find out. But, here's what you do:

If someone else claimed your dependent 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. https://www.thebalance.com/claiming-same-dependent-audit-risk-3193030 
The usual suspects are:
1. The other parent
2. The child claimed his own exemption
3. Some other member of the household (e.g. grandparent)
4. Someone else the child lived with for part of the year

42 replies

March 3, 2020

There is claim she filed but you can't file if you don't work.  Right!!

Hal_Al
March 3, 2020

@Jwquarles  - She can file and claim the kids without working.  But she will not get any money ("refundable credits) for doing so. But that can  hinder your ability to file.

 

Repeating what's already been said:

1. If somebody claimed your kid, you have to file a paper return to submit a competing claim. The IRS will sort it out.  H

2. If you are the non custodial parent, you claim not claim the kid, without the custodial parent's permission. even if she doesn't work.

3. A child can be the “qualifying child” dependent of any close relative in the household. If the mother lives with her parents, they can claim the kid before you can

March 8, 2020

If my dependent Is claimed by my ex the irs will still give us both our refunds and then decide on who gets to keep it and who get penalized and has to pay it back? Is this true? I mailed my return in because the efile was rejected but I know I'm entitled to claiming  my son due to the tiebreaker rules. I was under the impression that it would be 8 to 10 months before I see my return. According to a previous post to the question this isn't the case.

 

March 8, 2020

Your refund would be adjusted if someone else filed before you and claimed your dependent. You will need to protest that adjustment to get the matter straightened out. Once it was determined that you are entitled to the dependent, you would be refunded the amount that was adjusted, but that may take some time.

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March 8, 2020

Do you know the refund time frame in that situation were I had to mail in my return because me efile was rejected due to dependent already being claimed on my ex taxes?

March 8, 2020

Are you sure the mailed in return is processed and refund sent in the normal time frame 4 to 8 weeks? Theres no delay when the dependent has already been claimed?

KrisD15
March 9, 2020

We can make assumptions, but the IRS does what the IRS wants to do. 

You could always e-file without the dependent, and then mail in an amended return claiming the dependent.

That way the original return will process faster, but the amended return will take some time and if you have credits based on that dependent, you might not want to wait on the amended return. 

If someone else claimed your dependent, you can't e-file, but the IRS won't "not process" your mailed return. 

It will be processed, and then the IRS will notify both you and the other person, ask for details, and make a final judgement. 

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March 15, 2020

How do I find out if the social has been used

JohnB5677
March 15, 2020

TurboTax does not have that information.  The IRS would certainly hesitate to tell you.  I suggest that you contact your local IRS office.

 

To find a Local Office:     Local IRS Offices 

 

Bring a copy of your return to the office.  The IRS will note that there is a conflict regarding the dependent and request additional information from both you and the other party.

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March 26, 2020

Try to help my husband some clam one of are kids

March 26, 2020

@Joy215

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.**
March 31, 2020

Can it's tell me what name of my dependents that was claim

March 31, 2020

What must I do 

April 2, 2020

Found out tonight, someone else filed my stepson under their taxes. Same stepson my wife (His mother, obviously) and I have provided for solely for the last 3 years, prior to that, she provided for on her own his whole life. I understand not releasing the names of who filed, but they really should for the families sake. Who we think filed him, we think intentionally filed for him because they haven’t paid taxes or child support since he was born and are trying to collect the stimulus check from the government. What happens if they receive the money before we have an answer from the IRS? Do we get reimbursed? 

April 10, 2020

I need to know if someone filed me as a dependent

April 10, 2020

If you file your return as not a dependent and it is accepted, then you know that no one has taken you as a dependent. If your return is rejected because someone has already claimed you as a dependent, then the reject code will tell you that.

 

You asked if you could find out is someone had done that. Please see DoninGA's answer above, which I will repeat here:

 

"

You cannot and the IRS will not tell you.

 

Just e-file your tax return.  If your tax return is rejected because someone else claimed the you on their return, the rejection code will indicate that.  Then you will have to print and mail the tax return.  If you have a tax refund the IRS will pay the refund.

 

Within a year the IRS will send letters to both parties to determine who filed the tax return incorrectly.

"

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April 12, 2020

I'm trying to file for my stimulus check. But every time that I file it says that somebody else has already use me as a dependent I'm trying to figure out if this is in true correct. Cuz I was told by my ex that she did not claim me as a dependent and if she did then she is lying and I need to take some sort of legal action cuz she says she did not claim me.