What happens if a parent claims a child on taxes without permission?
Asked by: Dr. Bernhard Marquardt | Last update: August 7, 2025Score: 4.1/5 (5 votes)
After the IRS decides the issue, the IRS will charge (or, “assess”) any additional taxes, penalties, and interest on the person who incorrectly claimed the dependent. You can appeal the decision with the IRS if you don't agree with the outcome, or you can take your case to U.S. Tax Court.
What to do when the other parent claims a child on taxes?
If you have proof that he is claiming your son on his tax return as a deduction, you can write to the IRS with his Social Security number, and a copy of the court order naming you the custodial parent. The IRS will take care of him.
What happens if my ex claimed my child on taxes without permission?
Your tax return will get flagged (because someone has already claimed child with that SS number) and the IRS will investigate. Once it's found that you have the legal right to claim him, he will have to return whatever refund he got from illegally claiming your son.
What happens if a parent falsely claims a child on taxes?
There is no quick fix for this situation ... your only option is to mail in the return to assert your right to claim the child. The person who claimed them incorrectly should amend their return asap before the IRS sends they a letter with penalties and interest.
What is the penalty for claiming a child that is not yours?
If the IRS concludes that you knowingly claimed a false dependent, they can assess a civil penalty of 20% of your understood tax. However, if the IRS believes that you have committed fraud on your false deduction, it can assess a penalty of 75% to your understood tax.
Can father claim child on taxes without permission?
What happens if two parents claim the same child?
If you both try to claim the same child, the child will be treated as the dependent of: The parent with whom the child lived the longest amount of time during the year, or. The parent with the higher AGI if the child lived with both of you the same amount of time.
How to report someone falsely claiming dependents?
- IRS — 800-829-1040.
- SSA — 800-772-1213.
Is it illegal to claim a child that isn't yours on taxes?
Answer: No, an individual may be a dependent of only one taxpayer for a tax year. You can claim a child as a dependent if he or she is your qualifying child. Generally, the child is the qualifying child of the custodial parent.
How do you prove that your child lives with you?
The dependent's birth certificate, and if needed, the birth and marriage certificates of any individuals, including yourself, that prove the dependent is related to you. For an adopted dependent, send an adoption decree or proof the child was lawfully placed with you or someone related to you for legal adoption.
Will the IRS notify me if someone claimed my child?
Answer when the IRS contacts you
About two months after you file a return, we'll begin to determine who's entitled to claim the dependent. You may receive a letter (CP87A) from us, stating your child was claimed on another return. It will explain what to do, either file an amended return or do nothing.
How does the IRS know who the custodial parent is?
How does the IRS know who the custodial parent is? For tax filing purposes, the custodial parent is the parent with whom the child lived for more than half the year. The residency test for qualifying children accounts for this requirement.
Is it illegal for non custodial parent to claim child on taxes?
Yes, a noncustodial parent may be eligible to claim the child tax credit for his or her child as long as he or she is allowed to claim the child as a dependent and otherwise qualifies to claim the child tax credit.
What happens when you report someone to the IRS?
An award worth between 15 and 30 percent of the total proceeds that IRS collects could be paid, if the IRS moves ahead based on the information provided. Under the law, these awards will be paid when the amount identified by the whistleblower (including taxes, penalties and interest) is more than $2 million.
What to do if someone claims your child on taxes without permission?
- File a paper return. Print out and mail your return, claiming your dependent, to the IRS. ...
- Document your case. The IRS rules for claiming a dependent can get complicated. ...
- Answer when the IRS contacts you.
How do I stop my father from claiming my child on taxes?
- Release a claim to exemption for your child so that the noncustodial parent can claim an exemption for the child.
- Revoke a previous release of claim to exemption for your child.
Is it better not to claim a child as a dependent?
Cons of claiming your child as a dependent
If your child is a student, they probably have an income that's low enough for them to qualify for education credits, and it's very likely that those credits would amount to more savings for them than the Child Tax Credit would for you if you claimed them as a dependent.
Can you get audited for claiming a child?
The IRS will first attempt to determine which taxpayer isn't entitled to claim the dependent. It will send an audit notice to that individual. The IRS will randomly select one of the tax returns for an audit or send notices to both taxpayers if it can't determine on its own which taxpayer is eligible.
What proof does the IRS need to claim a dependent?
Proving Relationship
To prove: Send copies of birth certificates, custody orders, or DNA tests. Just one type of proof is enough. If the child is a family member but not your biological child, you must show the entire "family tree" connecting you.
Does a parent have the right to know where their child is?
Yes — if you have a custody order specifying that parents must disclose the child's whereabouts during their visitation time. It's a violation of the order if a parent refuses to reveal the child's location.
Can a parent claim a child on taxes that doesn t live with them?
Non-custodial parents
The non-custodial parent can claim the child as a dependent if the custodial parent agrees not to on their own tax return. However, you must obtain a signed IRS Form 8332 or similar written document from the custodial parent allowing you to do so.
Can you claim a child if they file their own taxes?
Even if your child is earning and reporting their own income, you can claim them as a dependent as long as they meet the IRS's qualifying child test. If you want to do so, you may want to review the rules around claiming a dependent on your tax return.
What are the disadvantages of claiming a parent as dependent?
- More financial responsibility: To claim a parent as a dependent, you must cover more than half of their financial support. ...
- Sibling restrictions: Do you share the expenses of caring for a parent with a sibling?
Can you go to jail for falsely claiming a child on taxes?
The IRS may bring criminal fraud charges against an individual if when filing their return they misrepresent their state of affairs in order to falsely claim tax credits or deductions such as reporting additional dependents or misstating charitable contributions.
How do I block someone from claiming my child on my taxes?
Lock Down Your Child's SSN or Identity: In order to fully protect your child from being accepted on an e-filed return, obtain an IRS IP PIN or Identity Protection PIN. This number is a six-digit number that gets assigned to one person each year.
What happens if the non-custodial parent claims a child on taxes?
If the noncustodial parent claims your child without permission. When the noncustodial parent claims the exemption on their taxes and they don't attach the required Form 8332 signed by the custodial parent, their tax filing doesn't comply with IRS rules. The IRS may enforce its rules.