Sometimes, the IRS may deny your claim for a dependent. This happens when someone else has already claimed the same person. You might need to write a letter to the IRS to dispute this. This letter explains why you are eligible to claim the dependent.
Dealing with the IRS can be tricky. We understand. Writing this kind of letter can feel overwhelming.
We’re here to help. This article provides sample letters. Use these examples to create your own. We’ll guide you through the process.
Sample Letter To Irs To Dispute Claiming Dependents
[Your Name]
[Your Address]
[Your City, State, Zip Code]
[Your Phone Number]
[Your Email Address]
[Date]
Internal Revenue Service
[IRS Address, if known, otherwise omit]
**Subject: Dispute Regarding Dependent Claim – [Tax Year] – Social Security Number [Your SSN]**
Dear Internal Revenue Service,
I am writing to dispute the claim of [Dependent’s Name], Social Security Number [Dependent’s SSN], as a dependent on another individual’s tax return for the tax year [Tax Year].
I believe I am the only individual eligible to claim [Dependent’s Name] as a dependent because [Clearly and concisely explain why you believe you are the only one eligible. Provide factual reasons. Examples: “I am the child’s custodial parent and they lived with me for more than half the year.” or “I provided more than half of the dependent’s support during the tax year.”].
To support my claim, I am including copies of the following documents:
* [List Document 1: Example: Birth Certificate of Dependent]
* [List Document 2: Example: School Records showing Dependent’s Address]
* [List Document 3: Example: Bank statements showing support payments]
* [List Document 4: Example: Custody agreement (if applicable)]
I request that you investigate this matter and take appropriate action to ensure that [Dependent’s Name] is claimed correctly.
Thank you for your time and attention to this issue. I look forward to your prompt response.
Sincerely,
[Your Signature]
[Your Typed Name]
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How to Write Letter To IRS To Dispute Claiming Dependents
1. Crafting a Compelling Subject Line
The subject line is your initial salvo. Make it count. Instead of a generic “Dispute Regarding Dependent Claim,” opt for something more assertive and specific.
- Example: “Dispute: Erroneous Dependent Claim on [Tax Year] Return – [Your SSN]”
- Brevity is paramount, but clarity is non-negotiable. Ensure the IRS can immediately discern the letter’s purpose.
2. The Salutation: Setting the Tone
Begin with a formal salutation to establish a respectful, professional rapport. Avoid overly casual greetings.
- Acceptable: “Dear Internal Revenue Service,” or “To Whom It May Concern:”
- If you know the specific department or agent handling your case, address them directly for expedited processing.
3. Introduction: Declaring Your Intent
The opening paragraph must unequivocally state your intent: you are disputing a dependent claim. Be direct and avoid circumlocution.
- Include: Your name, Social Security number (SSN), the tax year in question, and a concise statement that you are disputing the dependent claim made by another party.
- Example: “I, [Your Full Name], SSN [Your SSN], am writing to formally dispute the dependent claim for [Dependent’s Name] on the [Tax Year] tax return.”
4. Substantiating Your Claim: The Core Argument
This is where you present your evidence. Provide concrete details that bolster your assertion that you are the rightful claimant.
- Detail: Your relationship to the dependent (e.g., child, sibling).
- Explain: The living arrangements; specify the period the dependent resided with you during the tax year.
- Financial Support: Document the financial support you provided, including expenses like housing, food, clothing, medical care, and education. Gather receipts, bank statements, and other corroborating documents.
- Legal Custody: If applicable, include copies of court orders pertaining to custody arrangements.
5. Addressing the Counterclaim: Anticipating Objections
Acknowledge the existence of a counterclaim and preemptively address why it is invalid. Show the IRS you’ve considered the opposing viewpoint.
- Identify: To the best of your knowledge, who is making the conflicting claim.
- Refute: Explain why their claim is deficient, focusing on areas where your support or custodial rights are superior. Be factual and avoid emotional rhetoric.
6. Enclosures: Reinforcing Your Position
Meticulously list all enclosed documents. This ensures nothing is overlooked and demonstrates diligent record-keeping.
- List: Each document individually (e.g., “Copy of Birth Certificate for [Dependent’s Name],” “Bank Statements Showing Support Payments”).
- Highlight: Any particularly pertinent information within the enclosed documents.
7. Closing and Contact Information: A Professional Farewell
End with a polite yet assertive closing. Reiterate your willingness to cooperate and provide accessible contact information.
- Closing: “I am available to provide any additional information or documentation required to resolve this matter expeditiously. Thank you for your consideration.”
- Contact: Include your phone number, mailing address, and email address.
- Sign-off: Use a formal closing such as “Sincerely,” followed by your full name and signature.
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Frequently Asked Questions: Disputing Dependent Claims with the IRS
This section addresses common inquiries regarding disputing a dependent claim with the Internal Revenue Service (IRS). Understanding your rights and responsibilities can help ensure a fair resolution.
What should I include in my dispute letter to the IRS?
Your letter should include your full name, Social Security number, address, phone number, the dependent’s name and Social Security number (if known), the tax year in question, and a clear explanation of why you believe you are entitled to claim the dependent.
What kind of documentation should I send to support my claim?
Include documentation that demonstrates you meet the dependency requirements, such as birth certificates, school records, medical records, proof of residency, and documentation of financial support provided (e.g., cancelled checks, receipts).
What happens after I send my dispute letter?
The IRS will review your letter and supporting documentation. They may contact you for additional information or documentation. The IRS will also likely contact the other party claiming the dependent to gather information from them.
How long does it take for the IRS to resolve a dependent claim dispute?
The resolution time can vary significantly depending on the complexity of the case and the responsiveness of all parties involved. It can take several months or even longer to receive a final determination.
What if I disagree with the IRS’s decision?
If you disagree with the IRS’s determination, you may have the option to appeal their decision. The IRS will provide information on how to appeal if you disagree with their findings.