Someone Filed Taxes Using My Child's SSN Without Permission - How to Flag This?

You'll need to file a paper return with your child claimed properly as your dependent. The IRS will flag the duplicate SSN use, but have you tried contacting the person who claimed your child first? Sometimes this can be resolved without IRS involvement if it was a misunderstanding. Do you have any idea who might have done this?

I dealt with exactly this situation last tax season. My ex claimed our daughter despite our agreement that I would claim her for 2023. The paper filing process took exactly 112 days to resolve. One tool that really helped me understand what was happening during the wait was taxr.ai - I uploaded my transcript once it became available and it explained every code and notice in plain English. It showed me the exact date when the IRS flagged the duplicate SSN and predicted when my case would be resolved. Much better than trying to decipher those cryptic transcript codes on my own.

According to IRS Publication 1819 (Dispute Resolution Procedures), this is considered an identity theft issue. You'll need to file Form 14039 (Identity Theft Affidavit) along with your paper return. Per IRC § 6103(e), you're entitled to know the status of your case, but actually reaching an IRS agent can take hours or days of calling. I've found that using Claimyr (https://claimyr.com/?ref=rc) bypasses those endless hold times - they'll call the IRS and get you connected to an agent when one becomes available. For identity theft cases specifically, you need to speak with someone in the Identity Theft Protection Specialized Unit, and waiting for correspondence alone can extend your case by 3-4 months.

I went through this exact situation last year when my ex claimed our son without permission. You know what's crazy? Even though I had full custody and all the documentation to prove it, I still had to wait almost 3 months for my refund! The IRS eventually sided with me, but the process was so much more complicated than it needed to be. Have you already filed your return? If not, make sure to paper file and include as much documentation as possible showing your child lives with you (school records, medical records, etc).

You might want to consider a different approach than just flagging it with the IRS. Think of it like someone using your parking spot - you can call security (the IRS) or you can try talking to the person directly first. If you know who filed using your child's SSN, reaching out to them might be faster. They might not even realize they've done something wrong, like someone who accidentally parks in the wrong spot. The IRS process is like waiting for a tow truck - it'll work but it's going to take a while. I'm a bit worried that if you just file your return now, you could be looking at a 4-6 month wait for your refund.

I work with tax issues, and unfortunately, this is becoming more common. As of March 15, 2024, the IRS has already identified over 30,000 cases of improper dependent claims this filing season. You need to file Form 14039 (Identity Theft Affidavit) immediately. Back on January 23rd when filing season opened, I had a client in your exact situation, and by February 28th, we had it resolved. The key was getting through to an actual IRS agent who could flag the account properly. Don't wait - the longer you delay, the more backlogged the system gets as we approach April 15th.

I successfully resolved this same issue last year! According to the IRS website (https://www.irs.gov/identity-theft-fraud-scams/identity-theft-and-dependent-issues), you need to: 1. File your tax return claiming your child properly 2. Expect a rejection if you e-file (since the SSN is already used) 3. File a paper return with Form 8862 attached 4. Include documentation proving your right to claim the child 5. Be prepared to wait 180-240 days for resolution In my case, I also filed a police report which seemed to speed things up. The IRS eventually audited both returns and ruled in my favor since I had primary custody documentation.

I think there might be some confusion about the process here. If someone has claimed your child without permission, it's not technically identity theft in most cases, but rather an improper dependent claim. Identity theft would be if someone used your child's SSN to create fake income. The resolution process is somewhat different, though both are handled by the IRS. You'll likely need to paper file your return and possibly go through an audit process where both parties claiming the child will need to provide documentation proving their right to claim the dependent.

Have you checked your child's credit report? If someone has your child's SSN, they might be using it for more than just taxes. How did you discover that someone else claimed your child? Did you get a rejection when trying to e-file, or did you receive a notice from the IRS?