When both parents claim the child, the IRS will use tiebreaker rules to determine which parent gets the dependent. The parent who does not qualify to claim the dependent will have to file an amended return and could even be audited, so it's better to communicate and decide who will claim the dependent.
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.
Contact the IRS: If you believe someone else has wrongfully claimed your child, you can contact the IRS for assistance. Call the IRS at 1-800-829-1040 and explain your situation. They may provide guidance on how to resolve the matter.
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 $250000.
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.
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.
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.
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.
Fraud and false statements
Applies to people who commit fraud or make false statements on tax returns. People assessed this penalty are charged with a felony crime and may be: Fined up to $100,000 ($500,000 in the case of a corporation)
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.
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.
If your child lived with you at the address shown on your notice, you need to send a document showing your child lived at that same address for more than half the tax year. For example: you could send copies of school records for your child that have your name and show the child's address.
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 both parents claim the same child for child-related tax benefits, the IRS applies a tiebreaker rule. If a child lived with each parent the same amount of time during the year, the IRS allows the parent with the higher adjusted gross income (AGI) to claim the child.
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.
Filing a false tax return or other document is treated seriously by the Internal Revenue Service. If its investigation turns up substantive information, civil cases can be referred for criminal tax investigation. Arrests and tax-related criminal charges could follow.
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.
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.
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.
It is the custodial parent who typically claims children on tax returns. If children spend an equal amount of time between both households, the qualifying issue for which parent claims the kids on tax returns is income.
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 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.
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.