Call the IRS support line at 1-800-829-1040 and inform them that your ex claimed the child and was not legally allowed to do so.
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.
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.
Use Form 1040-X, Amended U.S. Individual Income Tax Return, and follow the instructions. You should amend your return if you reported certain items incorrectly on the original return, such as filing status, dependents, total income, deductions or credits.
The IRS doesn't allow dependent double-dipping so to speak. If both parents e-file their returns, the second claim for the child will reject and the parent will be notified that the dependent with this Social Security number (SSN) is already claimed by someone else.
Claiming false deductions like dependents is considered tax evasion and is, therefore, a felony with potentially severe criminal penalties. However, the IRS will only consider alleging a malicious dependent fraud if the taxpayer demonstrated willfulness—meaning that you have to be aware of your crime to be charged.
If the parents don't file a joint return together but both parents claim the child as a qualifying child, the IRS will treat the child as the qualifying child of the parent with whom the child lived for the longer period in 2023.
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.
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.
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.
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.
If you file your tax return and someone else has already claimed your dependent, then the IRS will reject your return. If your return was rejected, you can mail in your return and then the IRS will apply the tiebreaker rules.
Generally, only one person may claim the child as a qualifying child for purposes of the head of household filing status, the child tax credit/credit for other dependents, the dependent care credit/exclusion for dependent care benefits, the dependency exemption and the EITC.
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.
If your divorce decree does not address the matter of taxes, you'll need to comply with all IRS tax laws and will have no legal recourse other than a divorce modification regarding those taxes, which may or may not be an option.
The IRS knows who the custodial parent is because the parent is obligated to tell them when they file a tax return. The person who signs at the bottom of the return attests that all of the information is compete and accurate.
The custodial parent signs a Form 8332, Release/Revocation of Release of Claim to Exemption for Child by Custodial Parent or a substantially similar statement, and. The noncustodial parent attaches the Form 8332 or a similar statement to his or her return.
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.
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.
The penalty for not meeting due diligence requirements is $600* for each credit (EITC, CTC/ACTC/ODC and AOTC), or HOH filing status claimed on a 2023 tax return. *The penalty amount is adjusted for cost of living under IRC Section 6695(h).
The non-custodial parent will be asked to return the part of his or her refund that is attributable to the qualifying child exemption.
The custodial parent can release the dependency exemption and sign a written declaration or Form 8332, Release/Revocation of Release of Claim to Exemption for Child by Custodial Parent PDF for the noncustodial parent to submit with their tax return.
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.
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.