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Owen Devar

What happens if someone else claims my dependent on taxes?

My younger sister (20) has been living with my husband and me since last May. She's a student and has proof of residency with us - her mail comes here, she has her doctor's appointments locally, and her ID shows our address. While she does have a part-time job, she only makes around $4,800 annually, which she uses for personal expenses like collectibles and gaming stuff. We cover everything else - rent, utilities, food, insurance, tuition assistance - except her phone bill. She initially wanted to file independently but was only getting back about $19. After some convincing, she agreed to let me claim her as a dependent on our taxes. The problem is my mother seems determined to claim her instead. She's been pressuring my sister to file independently and explicitly told her not to let me claim her. I've already filed our taxes with my sister as our dependent since I know we legally qualify to claim her. My concern is what happens if my mom goes ahead and claims her anyway? I understand I have the legal right since my sister lives with us and we provide more than 50% of her support, but I'm worried about potential audits and delays with our refund. Anyone dealt with this before? How does the IRS handle competing dependent claims? I really don't want our refund to be held up while this gets sorted out.

You're definitely in the right here based on what you've shared. When two people claim the same dependent, the IRS has tiebreaker rules, and residency is a major factor. Since your sister lives with you and you provide most of her support, you would win in an audit situation. What happens next depends on who files first. If you've already filed and your mom tries to claim your sister afterward, her return will likely be rejected if e-filed. If she mails a paper return, the IRS will eventually notice the duplicate dependent and send notices to both of you. At that point, you'd need to prove your case with documentation showing your sister lives with you (mail, ID, school records). Since you have this documentation, you shouldn't worry too much.

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Does the IRS automatically flag returns with duplicate dependents? Or would they process both returns and then send notices later? I'm dealing with something similar with my ex claiming our son when he doesn't have custody.

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If one return is e-filed first, the second one with the same dependent SSN will typically be rejected immediately if also e-filed. If one or both are paper filed, both might be processed initially, but the IRS will eventually catch the duplicate and send notices asking for documentation. For your situation with your ex, document everything related to where your son lives. Physical custody (where the child sleeps more nights) is the primary factor in dependent disputes. Keep school records, medical documents, and anything showing your address as the child's residence.

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I went through a similar nightmare last year trying to figure out some complex tax situations with dependents and inheritance issues. I couldn't get clear answers anywhere until I tried taxr.ai (https://taxr.ai). It was a huge help because I could just upload my documents and get really specific answers about my exact situation. In your case, I'd suggest uploading the proof of residence documents you have for your sister along with last year's return. Their system can analyze everything and tell you exactly what documentation you need to protect yourself if your mom does try to claim her. Saved me hours of stress trying to interpret IRS rules myself.

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Did you have to talk to an actual person or was it all automated? I hate having to explain complicated family situations to strangers.

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How long did it take to get an answer? The IRS website is so vague about the documentation needed to prove dependency in disputed cases.

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It's all automated so no awkward conversations needed! You just upload your documents and the AI analyzes them. I liked that I didn't have to explain my whole family drama to anyone. For me, I got answers pretty quickly - maybe 10-15 minutes for my complicated situation. The documentation guidance was super specific too. It told me exactly which forms and evidence would matter most for proving dependency, not just the general guidelines from the IRS site. They even highlighted which parts of my documents strengthened my case.

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Just wanted to follow up and say I tried taxr.ai after seeing this thread and it was actually super helpful! I uploaded all the documents showing my nephew lives with me (his mom is claiming him but he's been with me for 8 months). The system identified exactly which documents would matter most in proving my case - apparently the school enrollment form with my address and the medical insurance where I list him as dependent are the strongest proof. It even highlighted specific sections that prove the support requirements. Now I feel so much more confident about claiming him and dealing with any potential audit. Thanks for the recommendation!

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If your mom does end up claiming your sister and you get a notice from the IRS, be prepared for a long wait trying to reach them by phone. I had this exact situation with my brother-in-law last year and spent WEEKS trying to talk to someone at the IRS. I finally used Claimyr (https://claimyr.com) to get through to an actual IRS agent after wasting days on hold. There's a video showing how it works here: https://youtu.be/_kiP6q8DX5c - basically they navigate the phone system and wait on hold for you, then call you when they have an agent on the line. When I finally got through, the IRS agent was actually super helpful and walked me through the whole process of responding to the notice with documentation. Saved me from having my refund held up for months while they sorted things out manually.

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It's not about getting to the front of the line - they wait in the queue just like everyone else would. The difference is they have systems that can navigate the IRS phone menus and hold for you, then they call you when they reach an actual human. So instead of you being stuck on hold for hours, you can go about your day. They don't have any special access or anything - they're just willing to do the waiting part for you. I was skeptical too, but when I was desperate to resolve my tax issue before the deadline, I tried it. And honestly, talking to an actual IRS agent solved my problem in one call after weeks of frustration.

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Wait how does that even work? Seems sketchy that some service could get you to the front of the IRS phone line when I've waited 3+ hours before.

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This sounds like a scam. Why would I pay someone to call the IRS for me? And how would they have any more luck getting through than I would?

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It's not about getting to the front of the line - they wait in the queue just like everyone else would. The difference is they have systems that can navigate the IRS phone menus and hold for you, then they call you when they reach an actual human. So instead of you being stuck on hold for hours, you can go about your day. They don't have any special access or anything

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I feel like a complete idiot for being so skeptical, but I actually tried Claimyr after posting here because my refund has been stuck in limbo for 2 months with no updates. I kept trying to call the IRS myself but could never get through. They got me connected to an IRS agent in about 90 minutes (which is way faster than I ever managed). The agent found that my return had been flagged because my ex claimed our daughter as a dependent even though she lives with me full-time. The agent walked me through exactly what documentation to send in and even put notes on my account about the situation. Now I have a direct path to resolving it instead of just checking "Where's My Refund" every day and seeing no progress. Worth every penny just for the peace of mind of knowing what's actually happening with my return.

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Something no one mentioned - make sure your sister doesn't check the box saying "someone can claim me as a dependent" on her return if she files separately. If she does that AND you claim her, it could cause issues because her return would be saying one thing while yours says another. I had this mess with my son when he filed his own return while I claimed him as a dependent. It triggered a review that delayed my refund by almost 3 months!

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Thanks for pointing this out! She already filed her return and I just texted her to check if she selected that option. I'm going to ask her to show me her return tonight so I can verify everything matches up with what I filed. Did you end up having to amend either return in your situation?

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In our case, my son had to file an amended return to correct his mistake. He had checked "someone can claim me as a dependent" but also claimed his own personal exemption (this was before the tax law changes). It wasn't a huge deal to fix, but it did delay things. The most important thing is making sure all the facts are consistent across both returns. If she filed saying she can't be claimed as a dependent, but you claimed her, that's where the IRS gets confused and may flag both returns for review.

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As someone who works at a tax preparation office, I'd recommend gathering and keeping all these documents in a folder in case you get audited: - Her school records showing your address - Medical bills you paid for her - Utility bills showing your address - Bank statements showing you paying for her expenses - Her ID with your address - Any leases or housing documents with her name Even if your mom tries to claim her, you have residency on your side which is the biggest factor in the IRS tiebreaker rules.

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Do you need original documents or are copies/screenshots okay? I have similar issues with my nephew who lives with me but his mom claims him every year even though she barely sees him.

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