Can someone else Claim You as there Dependant when u worked threw the Year and Were Legally Seperated ...?

Question

Bc of filing Divorce He had not lived with Me in Over a Year.Hes in the Military and was even Overseas for the last year I filied for Divorced Which he signed the paper work but it never went threw to Judge but That divorce was started over 8 months ago and Now i find out he Claimed me on his Taxes as His secondary!!! How do i go about Gettin Him on Fraud Considering I didnt give him Permission and I have Taxes I need to File on my Self and My Children which are not his!Am i right Is this Fraud???He knew he couldnt do this He only did it to Hurt me Please any advice would be Fantastic

I filed threw H&R block and IRS spit out my return.And has baffled my tax ppl since i live in a small community .She said It said i was Secondary on his return? that means Filed Jointly right? Without my knowledge!!!How long do u think it will take the IRS To clear this up???

Answer 1

Don't worry about it. File your taxes. If the IRS picks up on it (and they most likely will), he will have to answer for it. What he did won't affect your tax return.

Answer 2

A spouse can never be claimed as a dependent. And if he filed a joint return without your knowledge and permission, then that was illegal to do.

File your own return. You won't be able to efile, so do it on paper and mail it in to the IRS. If you didn't live together at any time after June 30,2006, and your children live with you and you provide more than half of the cost of keeping up a home for them, you can file as head of household which will result in less taxes than filing as married filing separately, your only other option other than a joint filing which you obviously don't want. And if the children lived with you for more than half the year, claim them on your return, and take any applicable credits.

Unfortunately, any refund that you have coming will be held up because he has already filed including you on his return. The IRS will investigate, disallow his claims, and he'll have to pay back the extra taxes with interest and possible penalties, and you'll get your refund.

Answer 3

If he filed a joint return with your name on it as his spouse without your signature or permission, he's breaking the law.

If you have children who live with you, you should file as Head of Household.

If you've tried to e-file and your return was rejected as "already filed" then you will have to file a paper return and mail it in. Attach a signed statement to your return explaining that you tried to e-file and that your return was rejected. Explain that nobody else was entitled to file a joint return with you and that you suspect your estranged husband did that without your permission. List his name and SSN on the statement.

Your return will be processed, and his will be flagged for followup by the IRS. He could be prosecuted for filing a fraudulent return but at the very least the IRS will re-calculate his tax return and send him a bill for the taxes due.

I can only speculate but since you are separated he has to file as Married Filing Separately and probably had a large tax due with that filing status. He probably figured that he could still e-file a joint return without your signature and get away with it. Once you file your paper return, he'll learn the error of his ways.