What should I do if was illegally claimed on someone's taxes?

Question

I tried to e-file my taxes, but the IRS rejected my return because my mother already filed her taxes and she claimed me. The help center at turbotax first told me that I would have to file by mail, but if the IRS rejected my e-file why wouldn't they do the same if I file by mail? Then they told me to change my dependent status on my taxes and e-file again, but that doesn't solve the problem that I was illegally claimed. What should I do to get the refund I'm entitled to?

Answer 1

You very well maybe claimed as a dependant on your mothers return if she meets all the qualifications to claim her.
Mail in your return as directed, request a direct deposit of your refund.
If you were under 18 and living at home with your mother or up to age 24 and a full time student, she may be eligible to claim you as a dependant. Then she did not do anything illegal, If you don't fit into the above discriptions then you might be entitled to claim yourself.
Call the IRS at 1-800-829-1040, they can ask you a few questions to help determine if mom can claim you or you claim yourself

Answer 2

The IRS computer will reject e-filed returns where a Primary Taxpayer social security number (your return) has been used as a dependant on a previously accepted return (such as your mother's return). But the IRS will not reject mailed in returns where this happens. Instead, the IRS will send letters to both you and your mother asking for more information. After the IRS receives your answers, they will apply a set of rules, called tie-breaker rules, to determine who is entitled to the exemption.

IRS Publication 501 provides more information on dependant status, and exemptions.

http://www.irs.gov/publications/p501/index.html

If the exemption belongs to your mother, only she is entitled to claim it on her tax return. If the exemption belongs to you, you will be send the full amount of the refund you are claiming, then your mother will be billed for the extra tax liability she owes.

There is no illegal deed, unless your mother made the claim to purposely defraud the IRS. That does not seem to be the case here. Just a mistake in applying the rules regarding who can be claimed as a dependant.

The whole process of mailing in your return, and waiting for IRS letters, and answering the letters, then waiting for an IRS decision can take many months, and probably won't be settled until the summer or later.

One option you can take is to e-file your return and check the box stating that you can be claimed as a dependant of someone else. Your refund may be quite a bit less by doing this, but at least you will receive a partial refund. Then afterwards, you are allowed to mail in Form 1040X, Amendment, where you would claim your own personal exemption, and show the increase in refund amount you are entitled to. After receiving your Form 1040X, Amendment, the IRS would then begin the same process as stated before, sending letters, and asking for more information, to determine who is entitled to claim the exemption to reduce their tax liability.

Answer 3

As the forth answer stated, the first question is: was your mother legally allowed to claim you? The instructions from the 1040 should help answer that. If she is, you need to file without claiming the personal exemption. If she is not, file by mail and the IRS will investigate to determine who is entitled to claim you. You do not need an attorney. The rules are simple enough to prove one way or the other without one. The value of the exemption is less than you would pay the attorney.

Answer 4

Your efile will be rejected if he has already filed and claimed you, but you can mail in your return. He and you will each receive a letter from the IRS telling you that two people claimed the same person, and saying that whoever didn't have the right to the claim needs to file an amended return dropping the claim - then if nobody does, they'll investigate and decide who gets the exemption. The other person will have to pay back whatever he got by making the claim he wasn't entitles to, with interest and possible penalties. If you don't live with him, his claim is the one that will be denied and he'll be paying back whatever he got from illegally claiming you. But if you live with your mom, she might be able to claim you, and if she can, you can't claim yourself. Good luck.

Answer 5

You may not be able to claim yourself, even if you made a boatload of money. Whoever provides the majority of support is entitled to the exemption. You need to take into account room, board (determined at fair market value (fmv,) entertainment, utilitities, car & truck (fmv,) insurance, clothing, tuition, as well as any other moneys or services provided to you during the course of the year. If you put money into the bank it doesn't count as support. Occasionally, noone is entitled to an exemption for someone. Talk to your mom and work out some kind of compromise, she or you could end up explaining things to the IRS and paying penalties and interest, as well.

Answer 6

Don't panic, call the IRS, or go to a place where the V.I.T.A are helping people fill out their tax returns. There is no charge but you do have to make an appointment.

The link below will take you to their site.

Answer 7

File by mail and let the IRS sort it out. More than likely your mom will get busted for claiming you when she shouldn't have.

Answer 8

call the irs but be ready for a long run o round best just to write them and make sure you add all imformation like ss number name and sofore and tell them what is going on will take time this year but next year will be all set to go best to do it now or will just grow into a bigger head acke

Answer 9

Need to call the IRS tax assistance line and talk to them directly about the problem.
You dad was probably letting her claim you on her taxes. She might not know you are working if you are staying with your dad or you are at college.

Answer 10

how old are you? and if you were illegally claimed the irs would be all over your mother about now.

if you recently turned 18, and were still under her roof and still in school blah blah blah - she had every right to claim you.

i'm sorry but i'm laughing a bit because i'm betting this is another case of boo hooing it and i'm 18 now so there.