if that dependent CAN BE claimed by someone else, then they are not eligible in any event.
the issue is not WHETHER they are claimed it's CAN THEY BE claimed.
why did you claim this person previously and don't want to now?
They lived with me last year - no longer live with me and need that income - If I amend and remove them as a dependant will they receive stimulus money?
let's begin with the basics. You must pass all 4 of these tests to be able to claim your parents in the first place
1. The person either (a) must be related to you or (b) must live with you all year as a member of your household. (this one is a pass because it's a relative)
2. The person's gross taxable income for the year must be less than $4,200 in 2019. This excludes social security benefits.
3. You must provide more than half of the person's total financial support for the year. Social security must be included as 'support'. (financial support means fair share of rent, food, clothing, utilities, transportation, medical costs, insurance, etc.)
4. The person must be a U.S. citizen, U.S. resident alien, U.S. national, or a resident of Canada or Mexico.
if you FAILS any one of these tests, you can NOT claim your parents.
if you FAILS any one of these tests you should not be claiming your parents to begin with. Thus, your parents are eligible for the stimulus.
if you PASSES all these tests you CAN claim her parents. Again, the IRS doesn't care if you claim them or not.
But here is the issue... on your parents' tax return, they are asked CAN they be claimed by someone else. And they CAN be - that answer doesn't change whether or not you claim them. The question on your parent's tax return is NOT "Were you claimed"; it's CAN you be claimed - see the difference?
so if you a) CAN claim your parents, b) and your parents fails to check the box that they CAN be claimed and c) they get the stimulus as a result, it would be tax fraud!
but if you CAN't claim your parents, they are eligible for the stimulus.
does that help?
based on that, post back on whether they CAN or CAN NOT be claimed. If they CAN NOT, I will explain what your options are for next steps.
1) you can amend your tax return to remove them as dependents. Do note that you probably received $500 tax credits for each of them that would have to be paid back. it'll take 16 weeks at minimum for the amended return to be processed.
2) your parents should amend their tax return so that it notes that they can NOT be a dependent of anyone else's return. Again this should take 16 weeks at a minimum to process. There is no IRS guidance whether the stimulus will be paid out immediately after their amendment processes HOWEVER (and this is worst case)
does that help?
Yes, thank you for your assistance. Sounds like it would be easier to take the loss by paying them out of pocket than to do the amendment. Hopefully, the economy returns, and further stimulus checks will not be required. That could run into a bunch of $$. With this information and thoughts, its time to decide whether to amend or not..
Now that it appears there is a second stimulus check, this is a pertinent consideration again. While I claimed my daughter in 2019 as a college student, she will be married in 2020 and filing jointly.
If I am reading this correctly, when she does her 2020 taxes in spring of 2021, she will actually qualify for the two 2020 stimulus checks (presuming the one being discussed for August happens).
Is that accurate?
I am considering amending the 2019 taxes to not claim her, but if her married status in 2020 will rectify it that does not seem necessary. I did pay her $1200 out of pocket in the spring as I felt she should have qualified. She is a poor, working college kid. I was sad to see such adults excluded and we were never going to claim her in 2020 anyway. It sounds like amending 2019 wouldn't make sense of a 2020 reconciliation will happen anyway. Am I understanding correctly?
Even if you amend your 2019 return it would likely take until the end of the year (or longer) for the IRS to process the Form 1040X. So your daughter's chance of getting a stimulus check in 2020 are slim to none, realistically. And....the rule is if the child CAN be claimed they must say so on their own return--even if no one actually claims them. If she marries in 2020 then for 2020 she and her spouse can file a joint return. If they file a joint return, no one can claim either of them as dependents. The stimulus money is an advance on a credit that will be available on 2020 tax returns.
As for the "second" stimulus--Congress has not yet even voted on it, and no one knows at this time what it will be or who will be eligible. Maybe in the next couple of weeks we will know, but for now....no one knows.
Thank you very much. Agreed that we certainly don't know about the second stimulus. We do understand we would have to amend both returns--hers and ours. We claimed her and she said we could claim her on her own form, but to be honest I would not be surprised if we could very legitimately switch that for 2019 as we did not itemize and carefully break down expenses.
However, if the stimulus is really going to be calculated off of 2020 anyway, she will be independent, married filing jointly, and it will all be rectified then. Somehow her missing both stimulus checks (if there are two...one if not) will be corrected at that time it sounds like you are saying. They are both broke college students and would definitely qualify. He already did as he is 26 and unclaimed on anyone's taxes.
Thanks!
She allowed me to add her to my 2019 return in hopes that it would help my family. It didn't make a difference. She lives with us. Under SSD she does not have to file taxes.
@desertangel55 So many users have posted to this thread it is impossible to tell who "she" is when you refer to "she allowed me to add her....." And we cannot see your return so we have no idea who you claimed or if you should have/could have claimed her. I will point out that if you claimed an adult who is getting Social Security or Social Security Disability, claiming her means she cannot get a stimulus check, since dependents cannot get stimulus money. People who get Social Security automatically qualify to get the stimulus money unless someone claims them as a dependent.
I recently had my taxes Amended, I put I was a dependent when no one could claim me 2019, it has been 16 weeks, will I receive a stimulus check?
@Ericpls Sadly you probably will not receive a stimulus check this year if you just amended. It normally takes about four months for the IRS to process an amended return--which must be mailed. Right now it is taking much longer than normal. Mailed returns have been piling up in trailers for several months during the pandemic. The IRS is just beginning to dig through millions of unopened mail, so it will be a very long time before they make it to your envelope. If you do not receive a stimulus check this year, it will be available as a credit on next year's tax return when you file your 2020 return in 2021.
Amended returns are expected to take 6 months or longer to process due to the covid shutdown this year and no one knows if they will still issue a stimulus check once the amended return it finally processed.
Now the good news ... if you don't get it this year you may be eligible to get the 2020 credit on the 2020 return you file next year ... so all is not lost just delayed.
@Ericpls I amended my return in June to remove a dependent and just got an update of when it was received and it was being processed. At the 16 week point they stated they need more info. Did you ever find out if they received and processed your return? What was the outcome?
I did file an amended return to take my son (who is a poor college student and could really use the stimulus check) off as a depended. I filed early April and about 2 weeks ago I got a letter from the IRS in the mail with my new amount due. Today, we filed my son’s tax return online as the stimulus check deadline is Nov. 21. Within minutes we got an email back from the IRS that he cannot file as he is claimed as a dependent on someone else’s (mine) tax return. So now I paid more money ($500 reduction for taking him off as a dependent) but he can still not claim the stimulus check. Just wonderful! And calling the IRS means taking a day off work as that is pretty much how long the wait is on.
If your son is not a dependent for tax year 2020, he will be able to get the stimulus money when he files a 2020 tax return. The reality is that your amended return is not going to result in an immediate stimulus check for him this year. The IRS is severely backlogged and they just are not reacting that quickly to amended returns and issuing stimulus checks right away.
Further....you say he is a college student. How old was he at the end of 2019? If he was under the age of 24 he COULD be claimed as a dependent on a parent's tax return. If he CAN be claimed as a dependent the rule is that he cannot get a stimulus check. Wanting the money and being able to use the money from the stimulus check is not the same thing as qualifying for it.
Not sure how you filed a return online----how? E-filing for 2019 returns closed on October 31.
Here are the rules for claiming a dependent. Does your son meet the criteria to be claimed?
WHO CAN I CLAIM AS A DEPENDENT?
You can claim a child, relative, friend, fiance (etc.) as a dependent on your 2019 taxes as long as they meet the following requirements:
Qualifying child
• They are related to you.
• They cannot be claimed as a dependent by someone else.
• They are a U.S. citizen, resident alien, national, or a Canadian or Mexican resident.
• They are not filing a joint return with their spouse.
• They are under the age of 19 (or 24 for full-time students).
• They live with you for more than half the year (exceptions apply).
Qualifying relative
• They don't have to be related to you (despite the name).
• They cannot be claimed as a dependent by someone else.
• They are a U.S. citizen, resident alien, national, or a Canadian or Mexican resident.
• They are not filing a joint return with their spouse.
• They lived with you the entire year.
• They made less than $4200 (not counting Social Security)
• You provided more than half of their financial support. More info
When you add someone as a dependent, we'll ask a series of questions to make sure you can claim them.
Related Information:
• Does a dependent have to live with me?
• What does "financially support another person" mean?
the issue of the dependent is confusing.
While you as the parent has the option to claim a child as a dependent (you don't have to if you don't want to), the dependent doesn't have that same option. Note how @xmasbaby0 wrote his response. From the dependent's perspective, it's "CAN" the parent claim the child, not "DID" the parent claim the child.
@ggvandg2 For my reference, may I ask when your amended return was processed? What was the timeframe? I did an amended return and it has not yet been processed. Thanks.
I filed late March early April (even before tax day) and finally got the IRS response Nov. 4
My son is 26. And we filed the “non-filers” return for him online through its.gov just to be informed that somehow he is still registered as a dependent on my tax return. One would think that the IRS would have taken him off as soon as they billed me the extra money for not having him as a dependent on my return. But I guess that would be too easy
Ok ... that is not how it works ... once a SS# has been thru the efile system once it cannot be allowed again EVEN if you amend the return to remove the child. If I were you I would amend the return again to put the dependent back on the 2019 return and then he will get to file for the stimulus on the 2020 return ... mailing in a stimulus return now is a waste of effort as it will not be processed before the end of the year.
I wish you would have asked these questions before you amended anything.
I am so sorry it’s difficult and not working as you had hoped @ggvandg2.
Once other posters said it would self correct in 2020 if my daughter were not a dependent, we decided to wait. She got married in August. So theoretically they will know she didn’t get the 2020 stimulus and she will then get it in relation to her 2030 filing if I am understanding correctly. I hope I am!
@ggvandg2 Now we understand that your son is 26---so he could not be your qualifying child dependent. We still do not know if he could/should have been claimed as your qualifying relative. If he had over $4200 of income in 2019 you should not have claimed him at all on your own tax return. (If he had less than $4200 of income for 2019 he "could" be claimed if you paid for over half his support). If you should not have claimed him, then you should have amended and you would have lost that $500 credit anyhow since you should not have gotten it----whether there was stimulus money at stake or not.
For your son's 2020 return if he had more than $4250 of income in 2020 then he cannot be claimed as a dependent on your tax return. So he can get the stimulus money on his 2020 return. The money people received this year was an advance on a credit that he can get in a few months when he files his 2020 tax return.