When someone else claims your tax refund

Claiming a dependent does more than simply give a personal exemption. It can qualify you for several tax deductions and tax credits as well as affect your present status. You may comply with all the other rules to fill your tax return as head of household, a beneficial status that provides you a higher standard deduction among other things however you must have a dependent to qualify.

Who did it?

The IRS cannot tell you who claimed your dependent since it is forbidden by Section 6103 of the Internal Revenue Code (IRC). The IRS cannot release information related to a tax return to anybody other than the tax filer. You most likely have a great idea of who claimed your child. The culprit should have the child’s name, social security number, and date of birth. That reduces the field.

However, it is not always the other parent of the child who claims it. Perhaps your ex and your child live with another relative and that relative believes you have the right to claim it. Sometimes parents cannot perceive who claimed the child because it is a case of self-theft. A thief could have stolen your child’s social security number and is currently using it to steal money from the US Treasury.

The tiebreaker rules

First, we can assume the dispute is between you and your child’s other parent. The IRS says in this case that the father who can claim a child is the one who meets these criteria:

– The child lived with her more than he lived with his other father and since there are 365 days in most years, it is generally not possible for a child to live with each parent in a just same amount of time. Dependency exemption nearly always goes to the custodial parent.

– Assuming that the child somehow managed to spend precisely the similar amount of time in each parent’s home during the fiscal year-or perhaps the parents live together but do not or cannot have a joint return married-the tiebreaker rules provide dependency exemption for the father with the maximum adjusted gross income. Learn more.

What to do?

If you have determined that you are effectively entitled to claim your child, the next step is to print your tax return listing the right dependents and also file the return with the IRS. You will have to mail the statement for manual processing as the IRS computers are programmed to reject electronically filed returns when a dependent has already been claimed on one more tax return. Attempting to make an electronic submission will only cause the needless and extra delay in the resolution of the situation.

The next step is to prepare for an audit of the dependent and IRS will audit not only your tax return but also the return of the other person who tried to claim your child. IRS will usually ask questions and look for documents based on the tiebreak tests and the eligibility criteria.


Having these records will go far away toward winning the audit and protecting your tax refund. Keep in mind, in regards to the IRS and in accordance with its tiebreaker rules, everything is quite white and black. The more documentation you may meet to show that you meet these criteria, the better. The IRS will grant the dependent deduction to any taxpayer that complies with the rules. Click here for more information: https://www.taxreturn247.com.au/how-it-works