What is the penalty for claiming false dependents?

Asked by: Floy Green  |  Last update: March 4, 2025
Score: 4.7/5 (25 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.

How do I report someone falsely claiming a dependent?

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.

What happens when a parent falsely claims a child for taxes?

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.

What happens if I accidentally 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.

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

18 related questions found

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.

What proof of dependents does the IRS need?

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.

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.

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.

Will the IRS let me know if I made a mistake?

An IRS notice may alert you to a mistake on your tax return or that it's being audited. You can verify the information that was processed by the IRS by viewing a transcript of the return to compare it to the return you may have signed or approved. You can access your tax records through your account.

How to stop another parent from claiming a child on taxes?

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.

What is the penalty for claiming a dependent?

If the IRS concludes that you knowingly claimed a false dependent, they can assess a civil penalty of 20% of your understood tax. However, if the IRS believes that you have committed fraud on your false deduction, it can assess a penalty of 75% to your understood tax.

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

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.

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 happens if the wrong parent claims a child on taxes?

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.

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.

Who gets audited the most IRS?

The IRS tends to be suspicious of people in business for themselves. Depending on their income, sole proprietors are up to five times more likely to be audited than wage earners.

How much income can go unreported?

For the 2022 tax year, the gross income threshold for filing taxes varies depending on your age, filing status, and dependents. Generally, the threshold ranges between $12,550 and $28,500. If your income falls below these amounts, you may not be required to file a tax return.

What triggers the IRS to audit you?

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 the noncustodial parent claims a child on taxes?

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.

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.

How do you prove that your child lives with you?

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 can you no longer claim a 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 if you have kids?

Confirming a child's birth is the only way the IRS can verify that the parent is eligible for the credits and deductions they claim on their tax return.

How much is the penalty per credit if due diligence errors are found during an IRS audit?

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).