If some one uses a child as a dependent on their taxes and shouldnt have?

what will happen to the person who wrongfully filed using this child as the dependent? will you ever be able to find out who filed using this child?

If nobody else claims the child, most likely nothing will happen. If another taxpayer claims the child, both tax returns will be flagged by the IRS who will investigate the matter. They will then award the exemption to the rightful party, according to the law and the evidence provided by both taxpayers.

The IRS will NOT tell you who claimed the child, however, only that the dependent's SSN was reported by 2 or more taxpayers. If you are trying to e-file and your return is rejected for this reason you must file a paper return by mail to start the investigation process.

If you win the exemption the other party will get a bill for the taxes that they owe, plus penalties and interest. If they claimed the EIC, they may be barred from claiming the EIC for between 2 and 10 years depending upon the facts of the matter. There are no other penalties or punishments involved unles outright fraud is proven.

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The IRS would most definitely be able to track the individual down. That person would likely be audited, and at the least have to pay back the extra money received on their income tax return, and potentially be prosecuted.

the legal guardian has rights to claim a child , but if there is an agreement there should be a form 8332 , giving the rights to the other parent if there is not one signed than the law is broken

no, you wouldn't be able to find out who that idiot was.