Accidently Claimed a Dependent

[chrissyr1974]

I accidently claimed my son on my tax return (not sure how it happened)  Now my ex husband cant claim him as per our agreement.    I will probably have to amend my return for 2020 when its available to do so or get audited.  However, because I claimed him I received his stimulus.   If I amend what will happen about the stimulus.   I wouldn't mind just handing it over to my ex but will the govt take it back after the amendment? 

[DawnC]

You can keep the stimulus payment - your ex will still get the stimulus since he is claiming the child.  Yes, you will need to amend and remove your son and pay back any credits you received for him.  But as said before, you can keep the stimulus.   The amending forms won't be ready until later this month so you are going to have to come back to do that.

Since you claimed your son, your ex will need to file by mail and claim the child.   He will get his full refund + the missing stimulus that he did not receive (because you received it).    Since amendments can be e-filed this year, your ex may want to wait to file until after you submit your amendment.   Maybe he will be able to e-file once your amendment is processed.  I am not sure if that will be possible, but it may be worth it to wait and see.   Or, he can mail it when he is ready, but paper-filed returns will be delayed.  

[chrissyr1974]

Thank you. So If  I understand correctly we are both going to get the stimulus for my son?  I will not have to send that back? 

I did find out that I can amend my return at the end of March.  My ex already sent his paper returns in

Thanks again 

[DianeW777]

For the first and second stimulus that appears to be correct. 

The third stimulus may have different rules about whether any repayment would apply when the dependent is on one return for 2020 and a different parent's return in 2021. We must continue to wait for more guidance about how that will be handled.