How to amend a return to remove a dependent so the intended parent can claim them?

[Sailorspoon94]

I recently submitted my taxes and they were accepted. One of my children were not meant to be claimed on my taxes, her father who we live with, is to claim her. I've seen several recommendations floating around, but I'm unsure of what to do. I was going to wait until AFTER I receive the first taxes to come back, to file an amend to remove the dependent. 

Should he wait to file his return via mail (including the same dependent I will make the amend to remove) until after I submit my amendment? Or would it be best for us to mail out my amended tax return (removing the dependent) & his tax return (to ADD that dependent) at the same time to avoid him having to wait until after my amendment is processed? I want to make sure we were able to file how we initially planned to.

I saw something also stating that even if he sends his tax return in with the same dependent I did my amendment to remove, he still cannot claim her because she was previously claimed, even though the return was amended to remove her. Does anyone know if this is true?

[fanfare]

To remove a dependent, submit Form 1040-X with a new list of dependents.

You may have a new refund or different "amount you owe".

That's why you use the tax software.

If you don't submit the changes, IRS will probably do the calculation for you and send you a bill.

OR, they will send it back and tell you to  try again.

@Sailorspoon94 

[fanfare]

Regardless of whether you amend or not,

the other parent can submit the return with the dependent, but it will have to be a paper return

filed by US Mail.

If there are two returns with that dependent IRS will contact one or both of you to resolve it.

@Sailorspoon94 

[Sailorspoon94]

Thank you for your response. I know I have to submit an amendment which will be done via turbo tax, but my question was regarding the removal process from the dependent from my taxes, and the other parent adding them & how that process would work. I wouldn’t be listing any new dependents at all. 

[Sailorspoon94]

I see. So we can still processed to file his taxes with the dependent added. I’ll file the amendment (and even if I don’t) the IRS will contact us to determine who is to claim the dependent & since I’ll be removing the dependent so he can add her, I’ll just have to return whatever amount I’ll end up owing to the IRS and he’ll end up receiving the difference from what he would’ve initially received. Is this correct? @fanfare 

[Sailorspoon94]

@fanfare plesse see the messages above.

[fanfare]

If you claimed one, then your new list will be empty.

You explain all this in the Part III Explanation box.

@Sailorspoon94 

[fanfare]

You are correct, but it will be a long time before IRS gets back to you.

It is best to submit the amendment.

@Sailorspoon94 

[Sailorspoon94]

I seriously appreciate your response. We just realized what happened (filed two days ago) and are trying to fix this but was having trouble finding help with this. Just to confirm, once I receive the my first taxes back, I’ll file the amendment to remove the dependent. Prior to me filing the amendment or even after I do it, we can submit his return via mail WITH the dependent I filed my amendment to remove & if the IRS received his return prior to processing my amendment, they’ll reach out to us to determine who’s to claim that dependent? We just are worried his will be rejected via mail if they haven’t got to processing my amendment yet.

[Lilykaye]

Hello! How did this all pan out? I’m in the same exact situation for taxes I just filed a day ago. Let me know 🙂 

[xmasbaby0]

@Lilykaye This thread is a year old and it is difficult to discern what "same exact situation" you are referring to since several people have posted here.

Best guess----two parents and a parent who should not have claimed the child did so.   It would help to know if all of you live together as a family, or if you are divorced or never-married parents who live apart and share custody.   Provide some details and we can help.  No personal information here, please.   

[DawnC]

Beginning in the 2025 filing season, the IRS will accept Forms 1040, 1040-NR and 1040-SS even if a dependent has already been claimed on a previously filed return as long as the primary taxpayer on the second return includes a valid Identity Protection Personal Identification Number (IP PIN).   This change will reduce the time for the agency to receive the tax return and accelerate the issuance of tax refunds for those with duplicate dependent returns.   In previous years, the second tax return had to be filed by paper.   See IRS November 2024 News Releases

Does this help @Lilykaye?

[Lilykaye]

Two parents, unmarried, share 3 kids. I was going to claim one this year. He was going to claim two. 

Going through turbo tax I put all my kids info in and then for the two I wasn’t claiming I put that the other parent was going to claim them. I guess it gave me the earned income credit for the two I was not suppose to claim even though under my info on turbo tax next to both their names it said “nondependent”. Now today their dad went to file and he put their info in and it rejected because “someone used their social security numbers to claim the EIC for them”

[xmasbaby0]

@Lilykaye You received some great advice from @DawnC  about how to  remedy the situation.  

 Going forward, when all of you live together but you are trying to share who claims the children in some way---no child should be on both parent's returns.  Do not duplicate the use of any child's SSN on two returns.   If Dad is claiming a child, the child only goes on Dad's return.  If Mom is claiming the child, the child only goes on Mom's return.   So...if Dad claimed Child #1, Mom does not enter one word about Child #1 on her return.   If Mom claimed child #2, Dad does not enter one word about Child #2 on his return.  

Only one of you can file as Head of Household with a qualifying child dependent.  The one who earned the most and who paid for over half the support of the household can file as HOH.  The other parent files as Single.

[Sudneu2772]

@Lilykaye in the same situation& both our returns are pending rn. Did you end up filing an amendment for your return?