Q: Someone else is claiming my dependent. What can I do?
My wife and I are separated. We have two children. We agreed upon separation that she would claim one child and I would claim the other as dependents. Now she has a live in boyfriend. We are still married. He is claiming the child that I would claim on his tax return. I am paying child support for both children. I tried to efile taxes and they won't be accepted because of this. What can I do?
A:
Your efile is being rejected because you are claiming a dependent under an SSN that has already been claimed. One way to get around this is to send in a paper return. Once that return is received the IRS will notice that two individuals have claimed the same dependent and an IRS examination will be initiated. During the examination the IRS will apply tie breaker rules to determine who is able to claim the dependent. Please be mindful, that this is one path that the IRS may take. The IRS may also adjust your tax return to take off the dependent.
Before you file your tax return, I would highly encourage you to contact a tax professional so that you can get a response that is more tailored to the facts of your case.
(The above information does not constitute legal advice or establish an attorney client relationship.)
Please see the following for more information: http://www.eitc.irs.gov/EITC-Central/abouteitc/basic-qualifications/tieb...
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