Did the IRS reject your tax return because someone else claimed your dependent?
Claiming a dependent is usually pretty simple: you give the IRS their social security number, certifying that your relationship with that person satisfies a few simple rules.
Things can get more complicated, especially if someone else also claims the same person as a dependent. If they file their return first, the IRS will assume it’s legitimate and award them the full tax benefit of the dependent. When you attempt to e-file your return, it will be rejected.
The process is fairly straightforward. After your e-filed return has been rejected because someone else claimed the same dependent, you need to file a paper return. You can still prepare your return online. Instead of e-filing, you will need to print it out, sign it, and mail it to the IRS.
With your return, include a cover letter explaining your situation to the IRS as well as evidence proving that you have the right to claim the dependent (ie: medical records, school records, etc.).
The IRS will then review both returns claiming that dependent and determine which person should be claiming the dependent based on tax law.
The first thing to do is to make sure that you actually can claim the person in question as a dependent. There are two types of dependents, qualifying children and qualifying relatives, and both have different requirements.
Criteria for claiming a qualifying child
In order to claim someone as a qualifying child, he or she must
- Be your biological or adopted child, stepchild, foster child, sibling, half sibling, step-sibling, or a descendant of one of these
- Be under age 19, under age 24 if a full-time student, or any age if permanently and totally disabled
- Remain a U.S. citizen or resident, or a resident of Canada or Mexico
- Not be married, or be married but not filing a joint return
- Have lived with you for at least half the year.
- Not have provided more than half of his or her own support
Criteria for claiming a qualifying relative
In order to claim someone as a qualifying relative, he or she must
- Have lived with you all year as a member of your household, or be one of the following family members: child, parent, sibling, stepparent, stepchild, step-sibling, half sibling, grandparent, grandchild, child-in-law, parent-in-law, sibling-in-law, uncle, aunt, niece, or nephew.
- Remain a U.S. citizen or resident, or a resident of Canada or Mexico
- Not be married, or be married but not filing a joint return
- Not be a qualifying child of you or someone else
- Have a gross income of less than $4,000
- Have more than half of their total support for the year provided by you
When you sent your cover letter and evidence along with your return, you should strive to prove that you satisfy all of the requirements for the type of dependent that you are trying to claim.
Can I find out who claimed my dependent?
The IRS can’t tell you who else has claimed the dependent for several reasons. One is that since they don’t know who made the right claim, they don’t want to violate the privacy of someone who really is claiming their own child. Another is that there’s always the potential for mistakes, and it doesn’t make much sense to punish someone for accidentally writing a “4” that looks like a “9” when copying a Social Security number.
What if two people both meet the requirements to claim a dependent?
If two different people both have the right to claim the dependent according to the criteria listed above, the IRS will generally award the dependent to the person with whom the dependent lived for the greatest amount of time during the tax year. If the dependent lived with both people for an equal amount of time, then the IRS will award the dependent to the taxpayer with the higher AGI.
Why dependents require a Social Security number
For a while, dependents didn’t require a Social Security number at all. The IRS used to take taxpayers’ word for it when they claimed dependents. But in 1987, the rule changed to require taxpayers to give a Social Security number for every dependent they claimed. And suddenly, seven million dependents disappeared. Many of them were probably due to misunderstandings: two divorced parents each claiming all of their kids, for example. But others could have been due to shady behavior, including claiming children while knowing someone else would claim them, or even fabricating dependents entirely.
Prevent this in the future
The problem can be solved by mailing in a paper return. But how do you prevent this from happening in future years? The IRS is working to improve its safeguards against tax fraud and identity theft, but these aren’t perfect. The best thing you can do to prevent someone else from claiming your dependent is to file your taxes as early as possible. That way your e-filed return will be accepted and theirs will be rejected. You’ll get your refund on time and they will be required to prove they meet the dependent criteria.
Some food for thought
In situations like the ones discussed above, there tends to be emotion involved from both parties. The IRS is required to base all final decisions solely on tax law. When dealing with the IRS, it is most productive to stick to the facts. This will save you time and stress.
I just got my taxes rejected because it says that my 2nd dependent was already claimed on someone else taxes…… I believe its my daughters father, how can i find out???? Im so upset because im in NJ he’s in FL, doesnt pay child support or anything….. Please, what should be my next step?
Hi Joamy,
Your next step should be to call the IRS at 1-800-829-1040 and find out who claimed your dependents. Then, you should paper file, just as you normally would, but include a cover letter explaining your situation and offering evidence that the dependents are in fact your dependents. If worst comes to worst, the IRS will audit both of your returns and then give you the opportunity to prove once and for all that the dependents are yours.
HELLO, IM WRITING BECAUSE I TRIED TO E-FILE MY TAXES YESTERDAY AND THEY WERE REJECTED STATING THAT SOMEONE HAD ALREADY CLAIMED MY DAUGHTER AS A DEPENDENT….WHAT CAN I DO TO GET THIS TAKIN CARE OF BECAUSE I DIDNT GIVE ANYONE MY PERMISSION TO CLAIM HER..
Hi Tasha,
The first thing to do is call the IRS at 1-800-829-1040. Describe your situation to them and get their advice. They should be able to help you. Also, though your e-filed return was rejected, you can also paper file. Be sure to include a cover letter explaining your situation to the IRS and providing evidence that your daughter is in fact your dependent. Two different returns claiming the same dependent should provoke an audit, which will allow you to sort this situation out.
If we are audit because someone filed my child will I still be able to get my money
Hi Andrea,
If you successfully defend your audited tax return to the IRS and prove with documentation that you meet all the criteria to claim the dependent, then you will probably be granted the dependent and receive the money. However, if you do not provide the documentation proving you meet all the criteria to claim the dependent child, then you won’t.
Hello, I am writing my husband has a 4yr old daughter, who has been living with us since 2009. We took her mother to court recently and were given full custody. My husband was deployed for 2010 and at that time my stepdaughter lived with me in our home. Her mother filed her on her taxes without our knowledge . But the mother did not provide any financial support since birth and she did not live with her at all. My husband supported her the entire time. Is there anything we can do I do have documents showing the child lived here and attended school the entire time in nc with me while her father was deployed.
Hi Terria,
If you and your husband are filing jointly, the best thing to do is file as you normally would, claiming his daughter as a dependent. Instead of e-filing, you can paper file and submit along with your return a letter explaining the situation to the IRS. Two people claiming the same dependent will most likely provoke an audit, which should help settle the matter in your favor.
I just went thru a custody battle and the court papers say that I can claim our daughter this year and her father next year… Well I’m worried his fiance is going to try and file our daughter on her taxes… Is there anything I can do to prevent it or if it does happen what can I do?
Hi Jessica,
The best thing to do in this situation is to call the IRS at 1-800-829-1040. You can explain your situation and they should be able to tell you if your daughter has been claimed. If someone else does claim her, the best thing to do is file as you normally would, claiming your daughter like you were supposed to. You can submit a letter with your return explaining your situation to the IRS. If it comes to that, the IRS will audit your returns, which should settle the matter in your favor.
My soon to be ex husband filed his taxes and used one of our children behind my back. I have the court order and rental agreement showing I had custody of our son. How long does it take approximately to get it resolved? My e-file was rejected due to this situation.
Hi Tracy,
The first step is to call the IRS at 1-800-829-1040. Explain your situation and get their advice. If your e-file has been rejected, you can always paper file and along with your return include a letter explaining how the child is rightfully your dependent. When two tax filers claim the same dependent, the IRS usually follows up with an audit, which should settle the matter.
Once I do the required once they have been rejected about how long does the process take?
Thx
Hi Mike,
It is difficult to give an accurate time-frame for this process as the IRS must connect with both parties involved and then make a determination of who is to claim the dependent. It depends on how long both parties take to reply to the IRS and how many documents there are to sift through.