I accidentally marked "someone can claim" me as a dependent but no one did.

[Mikeschell65]

Ok I'm aware it's past the time you'd get your check. I did go through a few hours of research,as we seemingly have the same problem. Here's what I discovered;  ineligibility is a small group people, but that unfortunately includes us who have this problem. Upon inspecting the rather broad context within the "get my refund" tool that can be found on the IRS website, I noticed they were candid about one section and that's ineligibility. The wording specifically states you are NOT eligible, if you can be claimed on someone's taxes, it doesn't say you have to be claimed to be ineligible, it just states if you can be claimed, you're ineligible. It's not all bad news though as I started the amendment process (pretty easy although you can't file online, you must print and mail) and found out the IRS owes me 1600 in income taxes and with that info, although it takes up to 16 weeks to amend, stimulus checks will be added as a credit to next years income tax return. I hope that helped and I recommend everyone check out the FAQ section of IRS.gov  

[macuser_22]

@Mikeschell65 - Correct.  There is no difference in the tax law between the two.   Under the law, you are a dependent if you *could* be claimed whether you were actually claimed or not.   The ONLY difference is certain educational credits that a dependent can claim on their own tax return, if not claimed as a dependent on the parents tax return.  A dependent that is claimed cannot claim any educational credits only the parent that claims the dependent can.

[iman42093]

@Mikeschell65  Correct. That’s exactly what I heard from my professional as well. Everyone who is seeing this, if you want to get your check later and not in your tax return next year, amend your return. 

[NCperson]

@iman42093 - actually NOT true...if you do not amend, you can still get the stimulus, here is how.,

in fact, there is no guidance from the IRS if they are going to send out the stimulus right after the amendment.

• The stimulus payments are really based on your 2020 tax return (income, dependents, etc).
• The IRS is using either 2018 or 2019 – whatever is available  - to ESTIMATE that payment
• When you file next year there will be a “settle up” section on the tax return. 
• If you are due more stimulus (and this would include where you simply never received it), you will receive it through the 2020 tax filing.
• If you received too much stimulus, by law, you are not required to return it

so if you do not amend, but correctly complete your 2020 tax return next year, you will receive the stimulus.  

[iman42093]

@NCperson That’s what I was trying to say so I shouldn’t have said “never”. My tax lady told me I would just get it as a credit on my 2020 return in 2021, but that if you amend you would likely get the stimulus check earlier than your 2020 return, regardless of the IRS being backed up and not processing amendments currently. 

[shaggsdaJ]

Right but who the **bleep** wants to wait a whole year for something we need now man? work is all ducked up ppl are dying out there and we need relief so we can support our selves.

Hence the title Covid 19 2020 stimulus check.  or payment whichever your prefer. 

[iman42093]

@shaggsdaJ Agreed, there should be a fast route for people who are clearly not dependents, but simply made an error on their taxes. 

[macuser_22]

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@iman42093 wrote:

@shaggsdaJ Agreed, there should be a fast route for people who are clearly not dependents, but simply made an error on their taxes. 

---

Unfortunately that would take an act of Congress and a new law.  The current law is clear - a tax  return error can only be corrected by filing a 1040X amended tax return.  That is the remedy for a correcting an error.  The IRS cannot change the law - only Congress can.

[iman42093]

@macuser_22  I know, I’m totally aware of that. I just meant considering the circumstances it would’ve been nice to have something in place for that. 

[Critter]

Email your congress person if you want a change. Start a Letter Writing campaign. 

[Mikeschell65]

Incorrect, as you stated stimulus payments are determined by a few deciding factors, the factor addressed in the original question, is regarding an accidental incorrect filing status. If you accidentally checked the box, stating someone can claim you, you do not qualify for a stimulus payment. Therefore nothing you do in your 2020 return, will make you eligible for the economic impact stimulus. If you'd like the money eventually, amending your 2019 return to correctly state no one can claim you as a dependent, is the only way to fix the problem. My research is extensive and I'm confident in my knowledge on the subject, but once again I stress everyone do their own research from the only authority on ineligibility standards, irs.gov I also warn anyone to not amend their return to information that is untrue or inaccurate, as it is breaking federal law and something the IRS doesn't take lightly.

[macuser_22]

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@Mikeschell65 wrote:

Incorrect, as you stated stimulus payments are determined by a few deciding factors, the factor addressed in the original question, is regarding an accidental incorrect filing status. If you accidentally checked the box, stating someone can claim you, you do not qualify for a stimulus payment. Therefore nothing you do in your 2020 return, will make you eligible for the economic impact stimulus. If you'd like the money eventually, amending your 2019 return to correctly state no one can claim you as a dependent, is the only way to fix the problem. My research is extensive and I'm confident in my knowledge on the subject, but once again I stress everyone do their own research from the only authority on ineligibility standards, irs.gov I also warn anyone to not amend their return to information that is untrue or inaccurate, as it is breaking federal law and something the IRS doesn't take lightly.

---

That is not quite correct. The stimulus is a 2020 payment based on the 2020 tax return.

Per CARES act:

“SEC. 6428. 2020 Recovery Rebates for individuals.

“(a) In general.—In the case of an eligible individual, there shall be allowed as a credit against the tax imposed by subtitle A for the first taxable year beginning in 2020 an amount equal to the sum of—

“(1) $1,200 ($2,400 in the case of eligible individuals filing a joint return), plus

“(2) an amount equal to the product of $500 multiplied by the number of qualifying children (within the meaning of section 24(c)) of the taxpayer.

What is happening now is the "advance refund".

“(f) Advance refunds and credits.—

“(1) IN GENERAL.—Subject to paragraph (5), each individual who was an eligible individual for such individual’s first taxable year beginning in 2019 shall be treated as having made a payment against the tax imposed by chapter 1 for such taxable year in an amount equal to the advance refund amount for such taxable year.

“(2) ADVANCE REFUND AMOUNT.—For purposes of paragraph (1), the advance refund amount is the amount that would have been allowed as a credit under this section for such taxable year if this section (other than subsection (e) and this subsection) had applied to such taxable year.

If not received before filing the 2020 tax return then the payment will be based on the 2020 tax return.  In addition, if the 2020 tax return does not support the amount received in the "advance" the excess must be repaid.  If the 2020 tax return supports a larger payment then you will get an additional payment.

[NCperson]

@Mikeschell65  - if your research was extensive, did you come across this article? 

https://www.businessinsider.com/personal-finance/will-we-have-to-pay-back-stimulus-check-2020-4

did you read the CARES act, which references 2020 and NOT 2018.2019?

SEC. 6428.  2020 RECOVERY REBATES FOR INDIVIDUALS.

(a) IN GENERAL.—In the case of an eligible individual, there shall be allowed as a credit against the tax
imposed by subtitle A for the first taxable year beginning in 2020 an amount equal to the sum of—
(1) $1,200 ($2,400 in the case of eligible individuals filing a joint return), plus
(2) an amount equal to the product of $500 multiplied by the number of qualifying children(within the meaning of section 24(c)) of the tax payer.

can you please post the documented research for our read? 

there is simply no IRS FAQ or comment whether the IRS will sent out stimulus adjustments after an amendment is processed given that the law is for the stimulus to be resolved with the 2020 tax return next year.  

but if you were a dependent of someone else on your 2019 tax return and not a dependent in on the 2020 return, you are absolutely eligible for the stimulus on your 2020 tax return; it is the law.    

[taxingmangakan]

Just heard of a second person who made our mistake that got their stimulus check.

Keeping you all in the thread updated.

[nateneilt]

Thanks so much!