Skip to main content
Level 2
March 19, 2021
Question

Third EIP Overpayment

  • March 19, 2021
  • 1 reply
  • 2 views

     For the third EIP, my SO and I have been overpaid. If it matters, we are not married. I received $4,200; $1,400 for myself, $1,400 for my SO, and $1,400 for our daughter, based on my 2020 tax filing, where I claimed both of them as dependents, as my SO didn't have any income during 2020. My SO also received $2,800; $1,400 for herself, and $1,400 for our daughter, based on her 2019 tax filing, where she claimed our daughter. A lot of what I've been able to find, such as COVID Tax TIP 2020-62, from the irs.gov site, and the following post from these forums: https://ttlc.intuit.com/community/taxes/discussion/i-filed-taxes-for-18-but-now-stay-at-home-my-boyfriend-claimed-my-son-and-i-on-19-taxes-we-both-got/00/1484528/message-id/532706 indicates that I don't need to return the overpayment, and will not be punished for failing to do so.

 

     I want to do the right thing, but I've also spent four hours on hold, and was transferred several times while on the phone with the IRS, just to be hung up on without getting this resolved. That was also after I'd spent two days trying to call them, only to be rejected by the automated system telling me they couldn't process all of the calls they were receiving, so if I don't need to waste more time trying to get it sorted with the IRS, I'd rather not.

 

     With all that said, do I need to keep calling them to get this sorted, or are we in the clear?

1 reply

fanfare
Level 15
March 19, 2021

 

 

Once it is in your hands, IRS cannot claw it back.

 

If you want to return it,

write a check payable to "US Treasury"

put your name, SSN and phone number.

and write "Return EIP3 to Treasury" on the check.

fanfare
Level 15
March 19, 2021

A dependent on another's tax return cannot claim a dependent.

Nor can the same dependent be claimed twice.

ChanceJCAuthor
Level 2
March 19, 2021

In 2019 my SO was independent, and that's why she claimed our daughter. It was only this last year, after she lost her job near the end of 2019, that I claimed her as a dependent. I'm bad at describing things. Sorry. lol