What to do if someone claims you as a dependent without your consent or knowledge

Asked over 3 years ago - Castro Valley, CA

I have filed a married filing separate tax return but my ex claimed me as a dependent on his return without ever telling me . What are my options regarding taking action against him ? Is there anything that can be done besides reporting it to the IRS ?

Attorney answers (3)

  1. Henry Daniel Lively

    Contributor Level 20

    Answered . You can paper file your own tax return claiming yourself. This will cause the IRS to question you being claimed as a dependent. Also, write a letter to the IRS explaining that you are not his dependent and believe that you were claimed on his return. You should file as single instead of married filing separately since you are no longer married.

    Any individual seeking legal advice for their own situation should retain their own legal counsel as this response... more
  2. Robert Jan Suhajda

    Contributor Level 17

    Answered . There is not much that can be done unless you are denied you exemption because your damages are minimal. The same holds true for CA.

    Disclaimer of California Attorney. Laws differ from state to state. Although the above response is believed to be... more
  3. Dorothy G Bunce

    Pro

    Contributor Level 20

    Answered . You are not the IRS or the police. Let Mr Big Shot learn the errors of his way from the authorities directly and without any involvement from you.

    When you filed your own tax return, you used your social security number. Since your ex would have had to list your social security number to claim you as an exemption, the IRS computers will trigger a review of both returns, and will contact your ex to explain why he attempted to claim you as a dependant. OOPS!

    Hope this perspective helps!

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