. Is there anyone that knows the correct steps to take to stop someone from using my son on their taxes?

Question

Someone has been using my child on their taxes for the past few years. I have contacted the IRS have been placed on hold and transferred so many times and for two years now and I getting restless. I have not received a response or the “letter” that was suppose to be sent to me on four different occasions. I still have in an envelope all the info that the IRS needs to confirm that this is my child that I have been taking care of for 10years now and I was told to wait for this “letter” to come before I send in this information. Is there anyone that knows the correct steps to take to get this resolved?

Answer 1

The IRS will not tell you who claimed the dependant, but they can advise you on what to do.
You will have to file a paper return
you and the person who claimed the dependant will receive a letter stating that 2 people used the dependants social security number, They will ask that both partys submit proof of who was actually eligible to claim the dependant. This can include school records, Dr records, copy of a lease agreement acknowledging that the child lives at the address of record.
The IRS will make a determination of who actually qualifies to claim the dependant. The person who claimed the dependant will then owe back any refund they received in error plus interest and penalties. This also raise a red flag on that persons future tax returns for up to the next 10 years.
Calll the IRS at 1-800-829-1040
Respond to any correspondence from the IRS immediately to expedite your claim.
This will cause a delay in processing your return and your refund

If this has been going on for some time Call the Taxpayer Advocate Service Case Intake Line to see if you are eligible for assistance : 1-877-777-4778

Answer 2

There's nothing that you can do to stop someone from doing that. If you try to e-file and they've already filed, your return will be rejected. You'll then have to file a paper return.

Once you file the paper return, the IRS will flag both returns and send you both a letter advising you of the problem and requesting either an amended return or proof of entitlement to the exemption. Respond immediately to that letter with the required proof. The IRS will then award the exemption to the appropriate taxpayer in accordance with the law.

The IRS will NOT discuss the issue with you until you file a paper return. And they will NOT divulge the identity of the other person who claimed your child as a dependent. They WILL settle the matter for the tax year filed.

Unfortunately you may have to go through this every year if someone "out there" is trying to mess you up. Most frequently this is another person who feels that they are entitled to the exemption such as a non-custodial parent or a grandparent. In any event, you have to follow the procedure outlined above to get the exemption.

The only way to avoid the hassle is to file as quickly a possible since the first person to file will initially get the exemption. If the first person to file is not entitled to the exemption, they will get a bill from the IRS for the additional tax due. However even if you do file first, if the other party files a paper return, do NOT disregard the IRS notice when it does come! If you don't respond quickly, you could lose the exemption even though you are legally entitled to it.

Answer 3

Have you filed your own returns for those years, claiming your son? Efiles would be rejected, so you would have to mail in the return. If you haven't claimed him on your return, then that's the problem. The thing that triggers the "letter" is that two returns are received claiming the same dependent, so if you've just filed without claiming him, then that's what the problem is, why there hasn't been any followup.

If you have just gone ahead and filed without claiming him, you can still amend your returns for 2003, 2004 and 2005. For any years farther back, it's too late.

Be sure to include him as a dependent on this year's return. Send it in by mail.

If you have been putting him on your returns for all these years and haven't gotten any resolution, contact the Taxpayer Advocate Service at 1-877-777-4778 and see if they can help. They won't tell you who is doing this, and probably can't stop them from trying it again, but they can at least see that you get the money you should be getting from claiming him.

Good luck.

Answer 4

Sure can!! This is what to do. Look in your local paper and get the name of your representative to your state capitol. Contact thier office and see if they can assist you. I had to do this 2 years ago when I still had not received my refund in september. It only took him 2 weeks to get it all resolved.

Answer 5

Contact a tax attorney and fast. Is it the father of the baby? Was it written in the divorce decree or in the child support letter saying it was okay to do this?