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.
Hi Tax Advisor,
My daughters father has a child support order stating he can claim our daughter on his tax returns even years. However, he does not qualify to claim her as a dependent according to IRS standards. She has NEVER spent ONE HOUR with him since birth 15 years ago and just started paying child support when she was 10 years old. I have always been the 100% full time parent and I provide for all of her needs, she has never even spoken to him. He does get his wages garnished for child support but that is all. I have been able to print/paper file tax returns with her as a dependent, with a cover letter detailing this for these past years and the IRS has ruled in my favor. I would like to know if I am playing with fire here. The IRS decision trumps the court order in this case. Correct?
Hi Mia,
In a situation where IRS rules and court rules do not line up, it is best to consult with your attorney about how to handle it. When dealing with the IRS, the custodial parent can claim the child as a dependent. A non-custodial parent can access that right if the custodial parent files form 8332. If you are the custodial parent and you are required to let your ex claim your child, remember that the exemption only includes the exemption and the child tax credit. As the custodial parent, you keep the Head of Household designation, the Earned Income Tax Credit (if eligible), and the Child Care Credit.
My daughter resides with me and has full time for 5 years with minimal contact with her mother. Our court agreement says it’s her year if she’s current on child support which she’s not. If her mom claims her on taxes first and then I claim her will her mother have to pay back the IRS before I get my refund? If I went to my local office and asked for her social to be flagged would it avoid her being claimed by her mother?
Hi Ryan,
Generally speaking, the custodial parent has the right to claim the child as a dependent on their tax return. Based on what you have stated above, you are the custodial parent. If the custodial parent would like to allow the non-custodial parent to claim the child for a specific tax year, then the custodial parent would need to sign and file Form 8332.
Being that in your situation, there is a court order intact, your best bet is to paper file initially. Include a cover letter explaining your situation to the IRS along with proof that you are the custodial parent and documents proving so. A similar process as the one described in the article above will take place. You will just save time and avoid being rejected by the IRS after e-filing.
You can prepare your tax return with us online HERE and then just print it out, sign it and mail it to the IRS with all other documentation. If you have any other questions, don’t hesitate to reach out to our tax team for help.
I have two children with my ex husband and our divorce papers say that he is entitled to claim one of them and I claim the other. He has claimed both of the since 2011 because I was unable to file but now I can file and he refuses to let me claim the child that I’m entitled to claim and says that he is going to claim them both. What can I do?
Hi Jeania,
If your child is incorrectly claimed as a dependent on your ex husband’s tax return, and he files before you, your return will be rejected by the IRS (if you e-filed and also claimed the child as a dependent). Once your return is rejected, you will need to file a paper return with the child claimed as your dependent. At that point, the IRS will send both you and your ex husband two documents- one stating that you should amend your return if you made a mistake, and one requesting proof that you are the eligible to claim the child as your dependent on a tax return.
This process tends to be rather lengthy, however very necessary to determine how the dependent in question should be claimed. Something to keep in mind is that the custodial parent is typically the one granted eligibility to claim the dependent. You’ll want to make sure that you have adequate documentation to provide the IRS with when asked so that you are not faced with owing penalties and interest.
My sons mother claimed him before I could even though I put him down as a dependent on my paper work from my employer. I don’t want to take any action I just want to know if I will owe money for changing my dependents from 2 to 1 (myself) when I file taxes instead of getting a return.
Hi Dan,
This could have a slight impact on your refund or amount due to the IRS. When you claim two allowances (dependents) on your W-4 form issued by your employer, less taxes are being withheld from your paychecks throughout the year than if you were to initially claim one allowance. This means that you are subject to possibly owing the IRS after filing if enough taxes were not withheld. It will not be a drastic difference, however you will not be eligible to claim any money that would have otherwise been issued to you by the IRS specifically for the dependent claimed on your tax return.
Hi, he did it as a dependet with consent, i dont know if can affect Her because she lives in other country thanks for your answer