a member of my family has obtained photo copys of my childrens social security cards, this person makes it a point to file them with out my permission and then denies that they have filled my children, but this person only works part time and makes minimum wage, has no children of there own. and is getting back over $3,000 on there refund, when i go down to flie i am told that both my children have been claimed already, what can i do to stop this from happening? and can i go back and file 2 years combined!? please help me with this it is very frustrating and it hurts me financially. my family depends on this return, and i feel it is being stolen from me.
2007-01-16 14:51:51 · 12 answers · asked by JUSTON G 1 in Business & Finance ➔ Taxes ➔ United States
That is an easy one. Just file your taxes as you normally would. When the IRS sees the same SS numbers for children on tax returns, they will send out letters to both. Then you just show them that you are the legal parent or guardian and proved that they live with you or that you provide 51% of their upkeep. You can go to the IRS website, and read their qualifications for dependents.
2007-01-16 15:00:27 · answer #1 · answered by doris_38133 5 · 3⤊ 0⤋
If your kids lived with that person, and didn't live with you for at least half of the year, then they very likely can claim them. If not, then they're not allowed to claim them. You said that when you filed you were told someone else had already claimed them - so what did you do or say then? If you got a letter saying that, you should have notified the IRS that you are the parent and have the right to claim them - it might take awhile to get it all straightened out, but eventually you'd get the credit for them, and the other person would have to pay back what they weren't entitled to plus interest, and might be liable for prosecution if they didn't have some logical reason to have thought they could claim the kids.
If you and this other person are the two parents of the kids, then it gets a bit more complicated. If there's anything in writing in a divorce decree or other written document that says who can claim them, then that stands. If not, the custodial parent for the greater part of the year is allowed to claim them.
I presume that you have claimed the kids on your last two years returns that you mention, and it's been disallowed. Call the IRS and tell them what the problem is. Be persistent. If you are the person who should have been allowed to claim them, eventually they'll get it sorted out.
And if the same thing happens this year, protest right away, don't just let it go.
2007-01-16 23:27:19 · answer #2 · answered by Judy 7 · 0⤊ 0⤋
They had to lie. For one thing they can't claim them without living with them for over 6 months of the year AND being a family member. But lets say you live in your Mom's house and she files the children on her return then it is possibly valid... however in your case since this person works part time I would assume they are not the real "head of household". The IRS will want proof from the both of you including school or medical records as well as the copies of the social security cards. This person will have to pay the IRS back, perhaps with interest, and then not be allowed to claim credits for between 2 and 10 years. It will take you more months before you get your refund as well but the sonner you contact the IRS the better. The closer it gets to April the busier they get.
2007-01-16 22:55:53 · answer #3 · answered by eccentricmommy 3 · 1⤊ 0⤋
That family member is filing a fraudulent return. File your return and claim the exemptions you are entitled to. The IRS will question both returns and require proof of entitlement to the exemptions. You will win that round, and the person who fraudulently claimed your children will have some serious explaining to do.
If the other person has already filed an electronic return, you'll have to file a paper return. Attach a statement to the return explaining that your electronic return was refused as some other party had apparently claimed your children illegally as their exemptions. Include copies of their birth certificates if you have them handy and there's a good chance you'll get your proper refund without any further contact with the IRS.
The person who illegally claimed them as their exemptions may be prosecuted for income tax evasion. At the very least they'll be flagged for close inspection of their tax returns in the future and won't be able to try to claim your children again.
2007-01-17 01:43:29 · answer #4 · answered by Bostonian In MO 7 · 0⤊ 0⤋
You will have to do a paper return.
The IRS will realize that 2 different people claimed the same children and sort it out. They will hold any money related to the refund until it is sorted out. If the other person filed electronically and you are the proven rightful person, they will have to pay the money back. You will eventually get your refund.
Don't try to race to file electronically, it will not correct the problem, it will only solve it this time around.
As for the previous years, contact the IRS and see if there is anything that they can do or you can do to fix it.
2007-01-16 23:33:16 · answer #5 · answered by Smart1 3 · 0⤊ 0⤋
Are you sure you are entitled to the dependency exemptions for your children?
Do the children live with you for a longer period of time than they live with the other parent?
Do you and the other parent combined pay over half the support for the children?
If the answer to either of these questions is no, then you are not automatically entitled to claim the children on your tax return. The dependency exemption may go to another family member that the children lived with for more than six months in 2006.
2007-01-17 03:05:21 · answer #6 · answered by ninasgramma 7 · 1⤊ 0⤋
You should try to be the one who files first. Once a second person files the IRS will deny the claim and then ask for proof that the child did live and was supported by you, such as school records, doctors visits, landlord, etc. IF both of you had the right to claim the child/children than they fall to tie breaking rules. Here is info from IRS.
http://www.irs.gov/irb/2006-41_IRB/ar11.html
2007-01-16 23:06:40 · answer #7 · answered by chelle8079 2 · 0⤊ 1⤋
In order to claim anyone on your taxes as a dependant, you must be contributing more than 50% of their living expenses. If you are doing this and the other person is not, you can call the 800 number on the tax papers and turn them in and then you can go back and re-file for those years.
2007-01-16 22:59:07 · answer #8 · answered by Anonymous · 1⤊ 1⤋
contact the irs... or claim the kids on your return and file a paper return, this will force the irs to look at both of your tax returns
2007-01-17 00:26:30 · answer #9 · answered by Anonymous · 0⤊ 0⤋
First, I would be the one filling my taxes first. Second, I would confront this person and tell them that if they do not stop you will turn them in to the IRS. That is a "federal" crime. They will go to federal prison.
2007-01-16 22:57:28 · answer #10 · answered by FastDyna 2 · 0⤊ 0⤋