I filed my taxes and found out that someone had claim my son on their taxes without my consent. What can i do? As for finding out who and filing legal action.
2007-01-27 12:24:20 · 8 answers · asked by spiderweb147 1 in Business & Finance ➔ Taxes ➔ United States
I filed my taxes and found out that someone had claim my son on their taxes without my consent. What can i do? As for finding out who and filing legal action. I'm the only legal guardian by law. And the mother doesnt pay any child support.
2007-01-27 13:20:43 · update #1
If two people claim the same dependent, the second return will be rejected. At that point, you can contact the IRS and explain the situation. They will look into who claimed your son. If that person was not entitled to claim him as a dependent, the IRS will notify them that their tax return has a problem.
Talk to your local Taxpayer Advocacy Panel. They exist to help people with problems like this.
If the person who claimed your son on their taxes provided more than 50% of his support for the year, he may have a case for claiming him. If there is joint custody or any sort of custody agreement, you can go to court to get a court order declaring who is allowed to claim the child for tax purposes.
2007-01-27 12:31:35 · answer #1 · answered by TaxGurl 6 · 1⤊ 2⤋
Here are your options:
Unfortunately, in order to file electronically you would have to take your son off. As long as his social security number is on your tax return, it will automatically reject. If you need a part of the money ASAP, take your son off and file without him. Once you receive your state and federal refunds, file a 1040X (an amended return), and put your son back on the return and get what money you are entitled to. Just a warning: Doing so will cause the IRS to automatically question whether or not you supported your son and whether you have the legal right to claim him.
Option Two: Mail the return to the IRS and state you live in. They will send your full refund (no questions asked) Downside is it'll take 4-6 weeks for your money to arrive. Doing it this way, you will receive a letter late summer asking why two taxpayers are claiming the same child.
Also, either option you choose, call the IRS at 1-800-829-1040 and ask to speak to the Criminal Investigation Department to report the illegal activity. The IRS won't tell you who has claimed the child. But you can let them know of this. Just so you know, the taxpayer advocate number won't help you at this point. They'll only help you escalate your problem if you are suffering a hardship. Good luck.
2007-01-27 12:46:46 · answer #2 · answered by Fool in the Rain 6 · 0⤊ 0⤋
NO he can't legally claim you unless he provided over half of your support for the year. How did he get your social security # to claim you? And by the way, "without my consent" means nothing - since he doesn't meet the legal rules to claim you, you can't GIVE him your consent. You have two choices. File your own return even though you didn't have enough income to be required to if your TOTAL income is under $3650, and he gets caught for sure, by the IRS. Or don't file, continue to let him think he can just get away with anything, and wait and see if the IRS catches him anyway.
2016-05-24 07:05:12 · answer #3 · answered by Kimberly 4 · 0⤊ 0⤋
You don't need to know who claimed him or file a legal action. As long as you can show that you are have the legal right to claim your son, the IRS will deal with the other person.
2007-01-27 13:53:19 · answer #4 · answered by STEVEN F 7 · 0⤊ 0⤋
You need to contact the IRS immediately. They have a fraud unit and explain to them that someone had filed for your son without consent. They will ask you to provide documents which will show who is your son's primary caretaker, ie. who did he live with most of the time in the last 12 month period, school records etc. Once that is done, they will contact the person who filed for your son and they will ask them to return the money they received fraudulently or they will file charges.
Most important, do not give up. It can be very frustrating but it works
2007-01-27 12:37:04 · answer #5 · answered by thequeenreigns 7 · 0⤊ 1⤋
You can contact the IRS and give them there info but make sure you have proof that he was there.
2007-01-27 12:32:04 · answer #6 · answered by Laura 2 · 0⤊ 0⤋
1st I would ask my Tax guy. You definately have a case there. I would fight it all the way.
2007-01-27 12:32:20 · answer #7 · answered by SerbMex 2 · 0⤊ 1⤋
it had to be your x. so now what are you going to do ?
2007-01-27 12:37:04 · answer #8 · answered by Anonymous · 0⤊ 2⤋