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was he under age 24 last year?
did he mark: someone can claim me ?
if he's your dependent you can claim him or not claim him. it's really your choice. however, even if you don't claim him, if he qualifies as your dependent, he must indicate that on his return. if he marked he could be claimed, then you won't have a problem e-filing even though he filed before you. if he didn't mark that box and he's is your dependent he needs to amend his return and you will have to file by mail.
you can claim him/her as a qualifying child if all these tests are met
• he/she had the same principal abode as you for more than ½ the tax year. Temporary absences like for school are ignored
• if he/she is not a full-time student, he's/she’s under 19 at the end of the tax year. If a full-time student, he's/she’s under 24 at the end of the tax year.
• he/she hasn't provided over ½ his/her own support
• he/she didn't file a joint return unless there was no tax liability but merely filing jointly to facilitate refund of taxes withheld or estimates paid
or you can claim him/her as a qualifying relative if all these tests are met
• his/her gross income for 2020 was less than $4,300
• you provided over ½ his/her support
• he/she isn't a qualifying child of another taxpayer
What do you want to do? You can file a competing return and let the IRS sort it out. You can have your son file an amended return. Either way, you cannot e-file. You will have to mail your return. You do not need to wait for his amended return to be processed, you can file now.
2020 is a complicated year because non-dependent students can get up to $1800 recovery rebate credit (stimulus money). What's not clear is how effective the IRS will be at rejecting unqualified claims.
On the other hand, the parent loses the $500 other dependent credit, as much as $2500 education credit and maybe Earned Income Credit.
There's a new urban myth among college students that says they can get a $1000 from the government just for filing a tax form. For most of them, they simply aren't eligible. A full time unmarried student, under age 24, even if you don't qualify as a dependent, is only eligible for the refundable portion of the American Opportunity Credit if he supports himself by working. You cannot be supporting yourself on parental support, 529 plans or student loans & grants. You usually must have actually paid tuition, not had it paid by scholarships & grants. It is usually best if the parent claims that credit.
You cannot claim a credit if you are, or can be, claimed as a dependent by someone else.
Yes, he is under 24 and in college. He marked no one can claim him on his return by mistake.
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