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.
So my ex claimed our child on 2012 taxes says she lived with him for 6 months and I claimed her as eell but I have custody we lived with him only4 months we had a joint account hhe’s a month behind on child’s support we both got a letter from tge irs he lied so he can get the money what should I do about this shouldn’t he get into trouble about this problem
As this article says, you will have to file a paper return to the IRS, by mail. That means you’ll mail your return to the IRS. Also, you will have to include a cover letter explaining your situation and evidence proving you have the right to claim your children.
After the IRS receives your mailed return, cover letter and evidence, they will review to see who deserves to claim the dependents. If two people have the right to claim a dependent, IRS will generally award the dependent to the person with whom the dependent lived for the greatest amount of time during the tax year.
To help, when you send the return, evidence and cover letter to the IRS, be sure to prove and explain you meet the requirements to claim the dependents.
Wow that is interesting
Hi! I have 4 children and I didn’t work the whole year last year. My ex husband usually claimed 2 of my kids. He asked me if it’s ok if he can claimed the other one and he’ll give me half of the money for one, so I let him. But now I found out that he His girlfriend is the one who claimed one of my child. which he knows I’m against it. Can I call IRS against her. She doesn’t have my permission to claim my son. All my kids lived with me from Monday-Friday night. What should I do. And oh yeah, my ex husband mom is the one who claimed my youngest son because my 4 kids and I lived with her.
Hi Alpha,
As this article says, you will have to file a paper return to the IRS, by mail. That means you’ll mail your return to the IRS. Also, you will have to include a cover letter explaining your situation and evidence proving you have the right to claim your child.
After the IRS receives your mailed return, cover letter and evidence, they will review to see who deserves to claim the dependent. If two people have the right to claim a dependent, IRS will generally award the dependent to the person with whom the dependent lived for the greatest amount of time during the tax year.
To help, when you send the return, evidence and cover letter to the IRS, be sure to prove and explain you meet the requirements to claim the dependent.
My girlfriend and her 2 kids live with me. My girlfriend does not work. Neither does her ex. I supported her and the kids the entire year with no support from him. I am claiming her as my dependent and i was trying to claim the kids, but he already did. I filed a paper return (its in the mail). How likely is it that i will be able to claim the kids without being their biological father?
As this article says, you will have to file a paper return to the IRS, by mail. That means you’ll mail your return to the IRS. Also, you will have to include a cover letter explaining your situation and evidence proving you have the right to claim your child.
After the IRS receives your mailed return, cover letter and evidence, they will review to see who deserves to claim the dependent. If two people have the right to claim a dependent, IRS will generally award the dependent to the person with whom the dependent lived for the greatest amount of time during the tax year.
To help, when you send the return, evidence and cover letter to the IRS, be sure to prove and explain you meet the requirements to claim the dependent.
Hi,
I had my son on Dec 11th 2013. He’s my first. After filing my taxes, my return was accepted and I was expecting a decent refund. When my taxes came in, two weeks later, it was SIGNIFICANTLY smaller than my return said it would be. I’m head of household and he’s my dependent (I know my fiancée didn’t file for him). Then I got a letter from the IRS asking me to prove he’s lived with me, that he’s my son and a copy of my return. I sent it all, but my real question is why did that happen if everything went smoothly on the return? And when should I expect the rest of the return? I think all I got back was what I worked for and not the credits.
Thank you.
Isabella
Hi Isabella,
The IRS will do this if two or more taxpayers attempted to claim the same dependent. Are you sure you used the correct social security number for your son? There could also be a chance that someone used the wrong social security number when claiming a child, and that wrong number was your son’s number (although this is less likely, it could happen).
Once you send your proof that your son is your child and lives with you, the IRS will review the information and as long as it’s fine, you will be granted your refund. The amount of time this will take can vary, I wouldn’t expect to get your refund for at least another 4 weeks.
Thank you!
Wow that is interesting