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 had a foster child in my home for 6 months and the other months he was in a youth facility. I file my taxes on 02/9/2016 and I just found out yesterday it was rejected because someone file him and wasn’t suppose to. I have a letterhead from one of the company that states that the child was indeed living with me during the said time above. I need to know what other information I need to provide as proof showing that he was in my home. I’m also picking up something from the school he attended while in my home please help me…
Hi Jackie,
Although this may end up being a time-consuming process, you should be able to get it resolved with the proper documentation. The company letterhead and school records will help significantly. I also suggest providing any medical records or court orders as well. The other party in question will be asked to provide proper documentation as well so you shouldn’t have too much of an issue. Good luck with everything and feel free to give our tax team a call with any other questions you might have.
what is the address that I mail my return to with this proof that I should claim my child
Hi Brenda,
Using the IRS website link HERE, you will choose the state where you live and mail your tax return and additional documents to the address listed.
My kids’ father filed for my children. I understand that part but he does not work and faked his tax return just so that he could hurt me. He is not even allowed around the children. What do i do!?
Hi Amanda,
I’m sorry that you’re experiencing this. It happens more often than you would think and the IRS has a specific way of dealing with this. You will need to prepare your tax return for the year as you would, claiming your children that you are eligible to claim. You can still prepare your return on our website! Instead of e-filing your tax return, you will need to print, sign and mail it to the IRS. Along with your tax return, include a cover letter explaining your situation (I recommend stating the facts and specifics to your tax situation). You will also need to include proof that you are eligible to claim the child dependents on your tax return. I suggest including any documents that prove they lived with you; medical documents, school documents, birth certificates, court orders, etc.).
Aside from the emotional stress, you mentioned a few facts that could help you set things straight. If their father has no job, then he has no income. He cannot just make this up, enter it on a tax form, and expect that he will breeze through the IRS e-file process. Also, providing a court document stating that he is not to accompany your children in any way will help the IRS to make a determination. Although you will need to provide all of these documents, so will your children’s father. Based on what you stated above, he will not have the valid documentation to prove that he is the custodial parent who is eligible to claim your children as dependents. This process can be time consuming but it is common and necessary with situations regarding dependents.
My children’s mother has been finding other people to claim my children on their taxes for years. I pay child support and have never attempted to claim them, because they were always in her custody. She’s using my children and her son to get over on the government. Each year a different person claims them. What should I do?
Hi Rich,
Generally speaking, the custodial parent is the eligible taxpayer to claim the child dependents. Although you are not the custodial parent, it seems as if your children’s mother is not the actual taxpayer who is claiming the children. If she is unable to claim the children on her own tax return, it is unlikely that the people she is ‘finding’ to claim them are eligible. If this is the case, I suggest that you follow the basic rules discussed in the above article. If you have not filed yet, then paper file your tax return with a cover letter and documentation to prove that you are the eligible parent to claim the children as dependents. I highly suggest that you be absolutely sure that she is not the one claiming your children on her tax return. If it turns out that she is the one claiming them, you will have a lengthy process to go through amending your tax return and re-filing.
This is a more complicated situation, considering you are not the custodial parent. It is important to keep in mind that the IRS will handle this kind of situation based on facts (as opposed to a judge and jury who will take the emotional situation into account). If they see fit, the IRS will request the same proof from your children’s mother (or whomever is claiming the children as dependents) to make the final determination.
Hello my name is Anar, and I have a big question. So my dad and my step mother divorced. Due to my bad relationship w/ my dad, I decided to stay with my stepmother. I found a job right away, literally a week after. I was paying for my own expenses such as bus rides to school and back, my own clothes, and eating out most of the time. I used to help with some money to my ex-step mother, because she gave me a roof. The thing is, now she decided to be mean to me, and I moved out. I’ve been living by myself for almost 5 months from November 15, 2015 – February 2016. I’m graduating from high school soon, and I will need tax returns for the financial aid for university. I asked my ex-step mother if she’d give me our tax returns for it, and she said that she won’t. Now recently I’ve received my tax form from my work and my income is $8,700. Recently I’ve been reading that I don’t really have to file taxes because my income was less than $10,300.
My step mother asked for the paper I recieved from work. Is there any way that I legally could just not let her file me on taxes as dependent because I provided more than half of my support.
Please I need help!!!!!!!
Hi Anar,
I am sorry to hear about your situation.
From a tax standpoint, you can still file a tax return even though you made less than the minimum amount that requires you to. In fact, if you had tax withheld from your paychecks, you may even be issued a refund. You may want to file a tax return, also, so that you have documentation to provide to financial aid. It is not against the law for you to not allow your stepmother to claim you as a dependent. If you would like additional guidance in preparing your first tax return, you can give our tax team a call at 877-289-7580. Our customer support is free. You may even have an easier time preparing your return online with us.