Monday, August 23, 2010

What can be done about someone filing for EIC, using a child's name that really was not their dependant?

The child in question is eighteen and lives in her own


home with her handicapped brother...she wanted to


file her own taxes, but this someone has already claimed


her falsely to draw the much larger refund. Is it too late


to get this mess straightened out?

What can be done about someone filing for EIC, using a child's name that really was not their dependant?
It's unfortunately a common problem The 18 year old can file her return by mailing it in rather than electronically filing it. The IRS will send notifications to each person using that SSN on their return basically saying "prove it". It takes them a long time, but the IRS will make a ruling, give her her refund and ask for repayment from the party that tried to claim her.
Reply:If she isn't a dependent, she should go ahead and file a return claiming herself. She'll have to file by mail since someone has already claimed her, since an efile will reject.





She and the other person 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 entitled to, with interest and possible penalties.





Since the other person falsely claimed EIC by doing this, they will be banned from claiming EIC for a number of years in the future even if they are legally eligible.
Reply:notify irs
Reply:If you suspect that someone has willfully submitted a false tax claim you can report them directly to the IRS (www.irs.gov) and give them as much info as you can about this person. But if you do this, please know that the IRS will not take this lightly and this person will likely spend time in a federal prison. So before you act, know the consequences and follow your heart.
Reply:me and my husband have been dealing with the same issue over his daughter. the only thing you can do is file an amendment and have the tax preparer explain why on the amendment when they send it in.we even have a court order that says he gets to claim his daughter every other year and everytime we try to claim her she is already claimed. we have to wait an extra 8- 12 weeks to get the money back along with the headache of not being able to do anything about it. you can try talking to an attorney about it or try or call the irs and try to find out who claimed her. they might not tell you anything but just tell them that she is of age and there is no reason why someone should claim her. good luck dealing with the government


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