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.
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.
The custodial parent files a tax return on paper claiming the child. The IRS will then contact both parties for proof of claim. When the non-custodial parent cannot provide proof (they rarely can), their claim will be denied and they will have to pay back any refunds and credits they received.
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.
When you knowingly claim a false dependent on your taxes, you risk sanctions and a potential audit from the IRS. Claiming false deductions like dependents is considered tax evasion and is, therefore, a felony with potentially severe criminal penalties.
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.
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.
In general, Parent B in the hypothetical above cannot claim child-related tax benefits in Parent A's year just because Parent A failed to uphold his or her child support obligations. There are other child support collections options and enforcement mechanisms that Parent B may be able to use to recover child support.
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.
Answer when the IRS contacts you
About two months after you file a return, we'll begin to determine who's entitled to claim the dependent. You may receive a letter (CP87A) from us, stating your child was claimed on another return. It will explain what to do, either file an amended return or do nothing.
If the IRS concludes that you knowingly claimed a false dependent, they can assess a civil penalty of 20% of your understood tax. ... Failing to be honest by claiming a false dependent could result in 3 years of prison and fines up to $250,000.
If someone else is claiming your dependent (for example, another relative or a separated spouse), the IRS will flag this and you might need to provide documentation to resolve the dispute. File Early: Filing or e-filing your tax return early can help prevent someone else from claiming your dependent before you do.
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 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.
We recommend that you prep that documentation as soon as possible and return it to the IRS. Wait for the IRS to decide which parent can claim the child. Once the IRS makes a determination, the parent who filed incorrectly will need to return any taxes, fees or interest owed without this exemption.
Tax Refund Considerations
In some situations—especially if both spouses earn similar incomes or one spouse is claiming the children—each party will simply keep his or her respective refund. In others, however, an equitable split of the refund may be necessary.
If you do not file a joint return with your child's other parent, then only one of you can claim the child as a dependent. When both parents claim the child, the IRS will usually allow the claim for the parent that the child lived with the most during the year.
More In Forms and Instructions
If you are the custodial parent, you can use Form 8332 to do the following. Release a claim to exemption for your child so that the noncustodial parent can claim an exemption for the child. Revoke a previous release of claim to exemption for your child.
The one with 183 overnights is the parent who is entitled to federal and state tax deductions and exemptions. Under the IRS' regulations, there is no such thing as “dual-custodial parents” when you have equal or joint custody. Therefore, one or the other parent must claim the tax benefits, but not both.
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.
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.
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.