If you found out someone else claimed your dependent on their taxes, your dependent might be the victim of identity theft. If this is the case, don't panic. There are steps you can take to correct the situation, including filing a paper return and documenting your case for the IRS.
You'll need to verify your identity and do the same for your child to get a PIN for them. If you can't complete the process online, you might be able to apply for a PIN using Form 15227. You can also apply in person by visiting a Taxpayer Assistance Center near you.
You cannot prevent your parents from claiming you. Anything on your parents' return is between them and the IRS.
Yes, someone can claim you as a dependent on their tax return without your knowledge. This often happens if a parent or guardian claims their child or another relative as a dependent. However, there are specific criteria that must be met for someone to claim you as a dependent, including:
After the IRS decides the issue, the IRS will charge (or, “assess”) any additional taxes, penalties, and interest on the person who incorrectly claimed the dependent. You can appeal the decision if you don't agree with the outcome, or you can take your case to U.S. Tax Court.
It's important to note that if two or more taxpayers claim the same child, the IRS will use the “tiebreaker rule” to figure out who is eligible. You can always speak about your specific situation with your Jackson Hewitt Tax Pro when questions arise.
If the noncustodial parent claims your child without permission. When the noncustodial parent claims the exemption on their taxes and they don't attach the required Form 8332 signed by the custodial parent, their tax filing doesn't comply with IRS rules. The IRS may enforce its rules.
You may also call the IRS at 800.829. 1040.
The custodial parent needs to sign IRS Form 8332 “Release/Revocation of Release of Claim to Exemption for Child by Custodial Parent” giving up their legal claim to the dependency exception. The noncustodial parent must then attach a copy of the signed form to their tax return to prove they can claim this exemption.
1. Contact the three credit bureaus. The credit reporting agencies do not knowingly maintain credit files on minor children. You can find out if your child may be a victim of identity theft by contacting the three major credit bureaus.
The fastest way to receive an IP PIN is to request one through your Online Account. If you don't already have an account on IRS.gov, you must register to validate your identity. Spouses and dependents are eligible for an IP PIN if they can pass the identity verification process.
The IRS Identity Protection (IP) PIN is a six-digit number assigned to eligible taxpayers to help prevent the misuse of their Social Security number on fraudulent federal income tax returns. You can use the IRS online tool Get an IP PIN to obtain an IP PIN for your dependent.
To meet the qualifying child test, your child must be younger than you or your spouse if filing jointly and either younger than 19 years old or be a "student" younger than 24 years old as of the end of the calendar year.
An award worth between 15 and 30 percent of the total proceeds that IRS collects could be paid, if the IRS moves ahead based on the information provided. Under the law, these awards will be paid when the amount identified by the whistleblower (including taxes, penalties and interest) is more than $2 million.
Lock Down Your Child's SSN or Identity: In order to fully protect your child from being accepted on an e-filed return, obtain an IRS IP PIN or Identity Protection PIN. This number is a six-digit number that gets assigned to one person each year.
The dependent's birth certificate, and if needed, the birth and marriage certificates of any individuals, including yourself, that prove the dependent is related to you. For an adopted dependent, send an adoption decree or proof the child was lawfully placed with you or someone related to you for legal adoption.
If one of you do not file an amended return that removes the child-related benefits, then you may be audited by us to determine who can claim the dependent. In that case, you'll get a letter in a few months to begin the audit. In the audit, we'll require you to provide proof that you're entitled to claim the dependent.
Generally, the custodial parent has the right to claim their child on taxes. However, there are exceptions to this rule. For example, if the custodial parent agrees in writing to allow the non-custodial parent to claim the child, the non-custodial parent may be able to do so.
By listing a dependent on the return, you are informing the IRS that your dependent has passed the four qualifying child tests and you are the custodial parent.
First, make sure you entered your dependent's Social Security number correctly. Then, if you know who claimed your dependent, ask them to amend their return by removing the dependent. If the other taxpayer is uncooperative, the IRS will eventually contact both of you to figure out who gets to claim the dependent.
It's up to you and your spouse. You might decide that the parent who gets the biggest tax benefit should claim the child. If you can't agree, however, the dependency claim goes to your spouse because your son lived with her for more of the year than he lived with you.
You can claim a child who works as a dependent if they still meet the requirements to be a qualifying child – including the age, relationship, residency, and support tests.
Under these rules, the parent who has physical custody of the child for the greater part of the year – defined as more than 50% of the nights – typically has the right to claim the child as a dependent for tax purposes.