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R. Klein, EA
R. Klein, EA, Enrolled Agent
Category: Tax
Satisfied Customers: 3375
Experience:  Over 20 Years experience
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I live with my daughters mother who is an illegal immigrant

Customer Question

I live with my daughters mother who is an illegal immigrant who claimed my daughter without me knowing using a tax id number ..i mailed in my taxes so I can receive a 886-H-EIC form for head of house..(I am a born Us Citizen)..will I even get my refund and the 886-H-EIC form..who will prevail …will I receive the refund first or the FORM
Submitted: 5 years ago.
Category: Tax
Expert:  R. Klein, EA replied 5 years ago.

Randalltax :

Generally, the person who files first claiming a child will get the exemption and the refund, unless the IRS has previously flagged the account. Once the second person files, the investigation can begin. If the first person did not qualify, the IRS will send a bill for repayment of all or part of the erronious refund.

Randalltax :

Next year, when the person tries to file, the return will be flagged and blocked until that other taxpayer can prove she is eligible to claim the EIC.

Randalltax :

You will get the refund only when the IRS determines you are entitled to it. I can't predict how long the IRS investigation will take.