is there anyway of me finding out who used my child s.s. number and,will that prolong 06 return?

Question

i received a letter from the irs stating that someone has used my daughter ssn on their 05 taxes,i was asked to prove maternity,and fill out a 1040x,which i have absolutely no idea how to do, it also stated that i cant know who used it,which means i cant press charges,right,i think its messed up,what a bummer.

Answer 1

Sorry that this has happened to you.

Most likely it is the other parent who claimed your child. But it could also be an identify thief.

Regardless of who the other person is, IRS should sort it out for as far as for your tax returns. When more than one person claim the same child as a dependent, IRS apples this tie-breaker rule:
1. The parent of the child wins
2. If both parents claim the child, then the parent with whom the child lived with for the longer period of time during the tax year
3. If the child live with both parents equal amount of time, then the parent with higher income (after adjustments)
4. If no parent are involved, then the person with higher adjustment income wins

In your case, show IRS proof that your child has been living with you. Then Rule #1 and #2 guarantee that you have the right to claim your child; and you have filed correctly. They need to grant you the additional refund for 2005. The mistake can take a while to sort out, but you have to be persistent.

For 2006 filing, you may want to preempt the problem by sending proof of residency along with the rest of your tax paper in mail.

If you need more help, try contacting the Tax Advocate in your area for assistant.
http://www.irs.gov/advocate/content/0,,id=150972,00.html

Best wishes.

Answer 2

If you are entitled to claim your daughter, do not fill out the 1040X form. Basically, if you do that you are telling the IRS that you weren't entitled to claim her and that you made a mistake. The IRS generates these letters to everyone that this happens to. So, whoever else claimed your daughter, received one to. Unless, they are asking for documents, such as school records, doctor visits, for you to prove that your daughter did live with you, don't worry about it. If they are, take your notice to whomever prepared your taxes and ask for assitance in responding. If you did the return yourself, you can still go into somewhere like H&R Block, and they will help you respond correctly.

Answer 3

A 1040X is the form for an amended return. If you are legally entitled to claim your child, you should not amend your return. Generally, the IRS can't disclose information from tax returns. In the case you describe, the other party is committing fraud and you may qualify as a victim of that fraud. You should consult and attorney to find out haw to proceed.

Answer 4

If you aren't filing joint with your child's father, he's the most likely person to have done it. Or it could have just been an honest mistake on someone's part who meant to enter a very similar number.

Send or take your daughter's birth certificate and social security card to the IRS. That might get it straightened out, or you might need proof that she lives with you.

Unless the IRS finds that you should not have been the person to claim your daughter, you shouldn't have to fill out a 1040X. That's an amended return, used to correct errors on your original return.

Good luck.