What happens if you falsely claim a dependent?

Asked by: Darrel Torphy DVM  |  Last update: March 19, 2025
Score: 4.6/5 (3 votes)

Because you are technically filing your taxes under penalty of perjury, everything you claim has to be true, or you can be charged with penalty of perjury. Failing to be honest by claiming a false dependent could result in 3 years of prison and fines up to $250,000.

What if I claimed a dependent by mistake?

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.

How do I report someone falsely claiming dependents?

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.

Does the IRS verify your dependents?

To prove: The IRS generally wants one or more documents that show the name of the child, the address you used on your tax return, AND the year that the audit is for. Any "official" document will work as long as it shows these three things. For example, a lease, a school record, or a benefits statement.

What happens if someone claims your child as a dependent without permission?

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.

What Do I Do if Someone Falsely Declared Me as a Dependent for Tax Purposes?

25 related questions found

Is it illegal to falsely claim a dependent?

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.

What happens if two parents claim the same child?

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.

What proof does the IRS need to claim 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.

Who gets audited by the IRS the most?

Businesses that show losses are more likely to be audited, especially if the losses are recurring. The IRS might suspect that you must be making more money than you're reporting—otherwise, why would you stay in business? Most likely to be audited are taxpayers reporting small business losses.

Can you sue someone for claiming your child on taxes?

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.

How much do you get for reporting someone to the IRS?

The IRS Whistleblower Office pays monetary awards to eligible individuals whose information is used by the IRS. The award percentage depends on several factors, but generally falls between 15 and 30 percent of the proceeds collected and attributable to the whistleblower's information.

What to do if my parents wrongfully claimed me as a dependent?

If the person who claimed you did so in error, they will need to file an amended return to remove you as a dependent. If the person who claimed you did so fraudulently, you may also need to contact the IRS to report identity theft.

What are the 6 requirements for claiming a child as a dependent?

Who is a qualifying child?
  • The child has to be part of your family. ...
  • The child has to be under a certain age. ...
  • The child has to live with you. ...
  • The child can't provide more than half of their own financial support. ...
  • The child can't file a joint tax return with someone.

What is the penalty for making a mistake on taxes?

In cases of negligence or disregard of the rules or regulations, the accuracy-related penalty is 20% of the portion of the underpayment of tax that happened because of negligence or disregard.

Which of the following significantly increases your chance of being audited by the IRS?

High income

As you'd expect, the higher your income, the more likely you will get attention from the IRS as the IRS typically targets people making $500,000 or more at higher-than-average rates.

How to fix dependent status on taxes?

If you qualify as someone's dependent, you must correct your tax return by filing a Form 1040-X, Amended U.S. Individual Income Tax Return. See the Form 1040-X Instructions for how to prepare the return. Mail your amended return to the IRS service center shown in the instructions.

What raises red flags with the IRS?

Another easily avoidable audit red flag is rounding or estimating dollar amounts on your tax return. Say, for instance, you round $403 of tip income to $400, $847 of student loan interest to $850, and $97 of medical expenses to $100. The IRS is going to see all those nice round numbers and think you're making them up.

What will trigger an IRS audit?

Taxable income that is not reported on your tax return is likely to trigger an IRS audit. Common kinds of unreported income include: Income from a hobby or side hustle. Freelance income.

What happens if you get audited and don't have receipts?

Missing receipts during an audit can end up costing you a lot of money, either through CPA fees (to put it all together to prove to the IRS that your expenses were legit), through disallowed deductions that increase your taxable income, through expenses that the IRA agent determines were actually payments to executives ...

Is it better not to claim a child as a dependent?

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.

Will the IRS tell me who claimed my dependent?

Did you enter your dependent's information correctly? If so, you need to know the IRS is prohibited from telling you who claimed your dependent(s).

How can I prove that my child lives with me?

If you don't have paperwork from the year that the IRS is asking about, you can also get a letter from your child's school, medical provider, or some other governmental agency or organization, but you need to make sure that the letter states that the child lived with you during the year that the IRS is asking about and ...

When should I stop claiming my child as a 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.

How does the IRS know who the custodial parent is?

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.

Can I claim my 25 year old son as a dependent?

There is no age limit for how long you can claim adult children or other relatives as dependents, but they must meet other IRS requirements to continue to qualify. Additionally, once they are over 18 and no longer a student, they can only qualify as an "other dependent," not a qualifying child.