What can I do about someone else claiming my son on their taxes?

Question

My son only lived with my mother for 3 weeks before December 31 2007. She did not support him at all in 2007. She claimed him along with my step father on their taxes and recieved $2000.00. What can I do about this?

Answer 1

File an amended return with your son as a dependent.  The IRS will send a letter to you and anyone else who claimed your son (in the rare case that someone other than your mother also claimed him), and then you will each be required to submit paperwork that shows that you had the right to claim him.  

If you're found to be the person who can rightfully claim him, you will get a check for the difference in what you recieved and what you should have gotten.  Your mother will get a bill for what she was overpaid.

Answer 2

If you claimed him also, then the IRS will investigate.  If you filed but didn't claim him, and he lived with you for over half the year, then you should file an amended return claiming him.  If you don't file, then report her to the IRS.

Answer 3

You file your taxes correctly.  The IRS will always resolve 2 claims for the same dependent.

When they fix your mother's taxes, they will make her pay back the $2000 and will bar her from EIC for 10 years.

Answer 4

Report her to the IRS.  Check their website (IRS.gov) there is a place to report fraud.

Answer 5

As you are the mother, NO ONE else is allowed to claim him without your consent.  If you filed your tax return and put your son on it as a dependent, both returns (yours and theirs) should have been stopped.  So I'm thinking that perhaps you didn't file? Because the IRS should have contacted both you and your parents to determine who is the parent/legal guardian.  They should have found out you are the mother and your parents would have been required to reimburse the IRS any disallowed funds.

If you have NOT filed, I suggest you do so.  Of course, you will have to pay penalties and interest for late filing, but you will get what you are entitled to by law and your parents will have to make the appropriate reimbursement to the government.

You are not giving us a lot of information, so I have no idea why they would do this as it doesn't make sense.

Answer 6

Calling the IRS won't do any good at this point.

Have you filed your 2007 return? If so, did you claim your son? If so, the IRS will start an invesigation to see who is able to claim the child. If not, you should file an amended return using Form 1040X and claim him. This will also trigger an investigation.

Answer 7

This may be improper, or maybe not.  It is not automatic that the parent can always claim the child.

If this is a newborn child, and you do not have income, then the grandparents would properly claim this child and receive all the tax benefits.

If you or the child's father combined lived with the child for more than six months (or since birth), and combined you provided over half of the child's support, then the exemption for the child goes to the parent with whom the child lived the longer period of time.  If this person is you, then all you need to do is file a tax return, and the IRS will sort it out.

If you do not qualify to claim the child, but another person (such as the other parent or other relative) does qualify to claim the child, then that person should file or amend his tax return and claim the child.  The IRS will take appropriate action.

Answer 8

You should call the IRS 1-800-829-1040 and report this situation to them. A person is not allowed to claim anyone as a dependent unless they supplied over 50% ot the expenses to take care of that person for the year. Also that dependent must have lived with the person claiming them for at least 6 months during the year. Try to find things such as rent receipts or mortgage payments, utility bills, receipts for food or household items you spent during the year. These should be evidence of what money you sjpent in taking care of your son. Unfortunately, this will cause some problem with and for your mother. Because she was not legally allowed to claim your son and you were, the IRS will probably go after her for the money she received and should not have gotten. It may take some time, but hopefully you will get the money you should have for being able to claim your son as your dependent.

Answer 9

Well if you both claimed him you both will be getting a letter from the IRS to prove support. He must have a social security number and when they show on both returns. Someone has some explaining to do. You can also call your local IRS office and talk to someone about it.