If a dependent that you are entitled to claim has already been claimed by another taxpayer then your only recourse is to file a correct tax return, claiming what you are entitled to claim, then print and mail the return. The IRS will process both returns and pay any refunds.
However, even if two or more persons have the same qualifying child, only one person can claim the child as a qualifying child for all these benefits.
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.
Both parties will receive letters asking for proof of their claim. The IRS will then make a decision. The IRS can punish the person that wrongly claimed them by making them pay back any refund they may have received as a result of the claim, and bar them from claiming any credits for up to 10 years.
Because the IRS processes the first return it receives, if another person claims your dependent first, the IRS will reject your return.
Not only can the IRS impose late charges that come with a claiming a false dependent, the IRS may also impose civil penalties for claiming false dependents. If the IRS concludes that you knowingly claimed a false dependent, they can assess a civil penalty of 20% of your understood tax.
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.
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.
It seems logical that if your custody is shared, you each cover costs for the child when the child is with you. However, in California, custody and child support are two separate components, and one parent may be required to pay child support to the other even in a 50/50 arrangement.
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).
Good Reasons
If your income disqualifies you from claiming these credits, your child's income probably doesn't disqualify him or her. Therefore, your child may be able to report payment of education expenses for tax purposes and then claim one of the credits – but only if you don't claim him or her as a dependent.
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.
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.
At any time, contact us here at eFile.com or call the IRS support line at 1-800-829-1040 and inform them of the situation. Or, take advantage of low-income tax clinics if this applies to you. If you think you are a victim of identity theft, you can request a copy of a fraudulent return via Form 4506-F.
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.
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.
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.
If the custodial parent tries to hide income to get more money from the other parent, this is considered fraud. If the parent who is not the custodial parent tries to hide income by working a job for cash payments, this is also considered child support fraud.
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.
A child is treated as a dependent of the custodial parent. According to the IRS, a custodial parent is the parent with whom the child lived for the greater part of the year. It's important to note that the IRS rules don't always use the same definition of custodial parent that family court does.
The child must be your son, daughter, stepchild, foster child, brother, sister, half brother, half sister, stepbrother, stepsister, or a descendant of any of them. An adopted child is always treated as your own child.
DNA Paternity Test. A DNA paternity test can help accurately determine the biological non-birthing parent of a child. You can conduct tests during pregnancy or after your baby is born.
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.
Child of Divorce- Release of Claim to Exemption Form 8332
Without the form, you cannot claim a child who did not live with you as a dependent because they are the qualifying child of someone else.