Someone Wrongfully Claimed My Dependent on a Return, How Can I Find Out Who Claimed My Dependent?
Many people mistake our site as a chat for the IRS. We are a tax resolution firm helping people solve tax problems. Dealing with dependent claiming disputes is an example of something that may be cost effective for you to hire us to do. I would really depend on what you would potentially lose.
The IRS won’t tell you who claimed your dependent.
The IRS cannot and will not tell you who claimed your dependent, if that happens.
Usually, you can identify the possibilities by asking any potential filers who may have claimed your dependent on a tax return (commonly, a former spouse or biological parent). If the feedback indicates that no one that you are aware of claimed your dependent, your dependent may be a victim of tax identity theft.
How do you know if someone claimed your dependent?
If someone else claims your dependent, your return will reject when efiled, as a result of that dependent.
What can I do, if someone incorrect claimed my dependent?
If someone incorrectly claimed your dependent or your dependent is a victim of tax identity theft, the only thing that you can do is file a paper return. Print, sign and mail your own return which claims your dependent. Mailed returns are processed differently by the IRS. It will take some time (maybe even up to a year) but eventually the IRS will contact both parties to prove who is entitled to claim the dependent.
About two months after you file a paper return, the IRS will begin to determine who is entitled to claim the dependent. You may receive a letter (CP87A) from the IRS, stating that your child was claimed on another return. It will tell you that if you made a mistake, to file an amended tax return, and if you didn’t make a mistake, do nothing.
The other person who claimed the dependent will get the same letter. If one of you doesn’t file an amended return that removes the child-related benefits, then the IRS will audit you and/or the other person to determine who can claim the dependent.
You’ll get a letter in a few months to begin the audit. In the audit, the IRS will require you to provide proof that you are entitled to claim the dependent. The most important thing to remember is to prove with proper documentation that you are entitled to claim the dependent. This includes things like birth certificates and proof of identity, but also documents that show that your dependent lived with you at the same address for more than half of the year.
Examples are:
- School, medical, daycare, or social service records
- A letter on official letterhead from a school, medical provider, social service agency, or place of worship that shows names, common address and dates
The IRS will ask you to complete Form 886-H-DEP.
The IRS will reach a decision as a result of the audit and will inform you and the other claiming party of that decision. If you do not agree with the decision, you have the right to appeal the decision if you don’t agree with the outcome, or you can take your case to U.S. Tax Court.
Below are some things we may be able to help you with that may be cost-effective.
- Filing or amending back tax returns to get refunds or stimulus payments
- Solving tax problems (Federal or State)
- Obtaining an EIN or ITIN number
- Filing a US or Non-resident return
I hope I was able to help you. If you found the information helpful, can you take 30 seconds and leave us a quick review? The link below makes it easy
Reviews help us to be able to give away our advice for free. Without the value of reviews we would have to charge everyone for the advice.