I filed as an independent by accident and I'm dependent. However, I just received my stimulus check.

[AznWhoFlies]

Hi, so I was wondering how would I go about fixing this, and would I have to refund the stimulus check if I were to change from independent to dependent?

[NCperson]

suggest returning the money as the "right thing to do" 

take the check (or make out a check if already cashed) to the US TREASURY, include your social security number and enclose a brief note that you made a mistake on your tax return and want to return the money.  

they will accept the money.  "No harm no foul" 

google "IRS ADDRESS" and add your state to the search, the address is state specific.

don't worry about amending the return.  It's unlikely to change what you owe / or get as a refund in 2019. 

or simply: 

Internal Revenue Service
P.O. Box 1214
Charlotte, NC 28201-1214

[AznWhoFlies]

So if my parents have me down as a dependent, should I change it?

[NCperson]

change what, your tax return that you already filed?  no, it won't change the tax refund from your 2019 tax return - too complicated to explain in a post. 

just return the money and everything will be fine

[AznWhoFlies]

I'm saying that since my parents haven't filed their 2019 taxes yet, I was wondering if I had to amend my tax return and change it from independent to dependent, or would my parents have to take me off as their dependent?

[NCperson]

here is how it works

Your parents have the OPTION to claim you as a dependent.  Whatever you put on your tax return doesn't impact them.  even though you made a mistake on your return, that doesn't impact their return

HOWEVER, what you have to answer is if they CAN  claim you.  That answer is the same whether they claim you or not!  And since you CAN be claimed, you must answer that way, whether your parents do so or not.   Making the mistake you made on your return normally wouldn't matter except in a few technical situations, but for the stimulus it makes a HUGE difference!!!! and in this case, you received $$$ you were not entitled to!! 

so for your tax return, other than sending back the money, let it go.

for your parents, there is no impact from what you did.  They can claim you - they had that right no matter what you did on your tax form 

does that make sense? 

[AznWhoFlies]

Okay yeah, that makes sense. I appreciate your help.

[Texas Roger]

When your parents try to file their tax return and claim you as a dependent, it will be rejected if they try to efile it. They will have to print and mail their return to get it accepted. You will have to amend your return to check the box that you can be claimed as a dependent by someone else to keep the IRS from sending both you and your parents inquiries later in the year to find out who could rightfully claim you as a dependent. 

If they choose not to claim you on their tax return, they can efile it without any problem. 

[greenfieldfog]

I am in a similar situation as AznWhoFlies. I filed as independent and received the stimulus check. If my parents dont file me as dependent, will there be problems?

[Lilah_123]

So, if filled independently at 17 by the accident of not knowing, even if the ‘parent’ agreed to not claim you on their 2020 taxes as a dependent, this leading to receiving a stimulus because of eligibility on personal taxes, would one just amend their tax return to correct the mistake even after receiving stimulus?  And would you still be considered dependent if under medical insurance by the parent? Also, You can’t send money back in a check if you had direct deposit. Would they just take it out of your direct deposit? Could you potentially keep the money if you filled independent and your parent didn’t claim you as dependent? 

[Lilah_123]

if no one is aware of the mistake she made  how would they know that she owes the stimulus check ? 

[KathrynG3]

1. It depends whether the parent claims you as a dependent whether you would amend the 2019 return filed as single to filing as a dependent claimed by someone else.

2. You can be independent and still have support from parents. The current health insurance system allows children to stay on their parent/guardian health insurance until turning 26. Many children are already self sufficient by this time.

3. The IRS will not make an adjustment for stimulus payments received for which the taxpayer was not eligible.

4. Keeping or not keeping the funds depends on which stimulus you received. The current position of the IRS is that if the first stimulus payment was overpaid, that it must be returned. However, if the second stimulus payment was overpaid, there is nothing in the law stating that it must be returned. 

5. The IRS could conceivably determine that the daughter was not independent if a parent also attempted to receive stimulus payments for the independent dependent.

In such circumstances, it is best to go by objective rules as much as possible. 

Dependency:

To run through the IRS Interactive Tax Assistant anonymously to determine dependency, go to: Whom My I Claim as a Dependent?

TurboTax Who can I claim as my dependent? summarizes the rules, which include the following: 

 Qualifying child

• They're related to you.
• They aren't claimed as a dependent by someone else.
• They're a U.S. citizen, resident alien, national, or a Canadian or Mexican resident.
• They aren’t filing a joint return with their spouse.
• They're under the age of 19 (or 24 for full-time students).
  • No age limit for permanently and totally disabled children.
• They lived with you for more than half the year (exceptions apply).
• They didn't provide more than half of their own support for the year.

Qualifying relative

• They don't have to be related to you (despite the name).
• They aren't claimed as a dependent by someone else.
• They're a U.S. citizen, resident alien, national, or a Canadian or Mexican resident.
• They aren’t filing a joint return with their spouse.
• They lived with you the entire year.
• They made less than $4,300 in 2020.
• You provided more than half of their financial support.

Repaying stimulus payments:

Regarding Eligibility for the first payment, see: 

Economic Impact Payment Information Center — Topic A: EIP Eligibility

Economic Impact Payment Information Center — Topic I: Returning the Economic Impact Payment (this applies to both stimulus payments, should you choose to return them)

Stimulus payment 1 calculation

Regarding Eligibility for the second payment, see: 

Questions and Answers about the Second Economic Impact Payment

Economic Impact Payment Information Center — Topic J: Reconciling on Your 2020 Tax Return (explains the most recent tax law guidance from the IRS for situations changing between 2018, 2019 and 2020)

Stimulus payment 2 calculation

[Lilah_123]

So if one made over 12,400 in a year, paid for most things needed on their own,  but still 17 during 2020, I am speaking for 2020 tax return,  living under parent’s roof,  would they still be considered dependent in the irs eyes ? Hypothetically, In this particular case, one was never asked for proof of emancipation but TurboTax still allowed the eligibility of a stimulus to be granted. How would you go about the amend process ? Would there even be a reason to amend ?  

[JamesG1]

Possibly.  A dependent must meet the requirements of a qualifying child or a qualifying relative in order for you to claim them on your tax return.  If you are 17 years old and a full-time student for at least five months during the year, you could be someone's dependent under the qualifying child test.

The tests for a qualifying child are:

• Relationship: Must be your child, adopted child, foster child, brother or sister, or a descendant of one of these (grand or nephew).
• Residence: Must have the same residence for more than half the year.
• Age: Must be under age 19 or under 24 and a full-time student for at least 5 months. They can be any age if they are totally and permanently disabled.
• Support: Must not have provided more than half of their own support during the year.
• Joint Support: The child cannot file a joint return for the year.

Have you filed your 2020 Federal tax return and has it been accepted?  If the tax return has been accepted, then that means that no one has claimed you as a dependent on another tax return. 

In addition, no one will be able to e-file and claim you as a dependent after your tax return and Social Security number has been accepted by the IRS.

So,

• If your 2020 Federal tax return has been filed and accepted, and
• If there is a party who wants to claim you as a dependent on their tax return,

You will almost certainly hear about it.

You might amend your 2020 Federal tax return if you must file as a dependent for the benefit of another party's tax return.  However, you might very well be placed in the position of paying back the two stimulus payments if you end up receiving them as a Recovery Rebate Credit (RRC) on line 30 of the 2020 1040 tax return.

Presently, amended tax returns are not available in TurboTax and will not be available until March.  In that case, you will have time to mull over your options.

[Lilah_123]

My parent doesn’t want to claim me as a dependent of hers, she is my only guardian.

 1. at 17, could I then file independently and get stimulus rebate? I didn’t claim exemption, I just filed as a regular adult would. 

I was offered the stimulus rebate through TurboTax unknowingly of the fact that just because my mom did not claim me,

doesn’t mean I still Have to select that I can be claimed, so I filled as single, 

2. could I potentially be independent with parent support at 17? 

TurboTax said I made enough for the year to be eligible for the stimulus rebate 

but if I am not eligible,  my 2020 tax return has already been accepted.

3. with this error, would I just wait until i could submit my 1040x and amend it through TurboTax ?

4. And by that time what  if I’ve already received the money from the rebate?

5. how would you return the money if you have direct deposit Through turbo tax? 

6. could I face potential consequences with the IRS for a honest mistake such as this one ? 

feel free to number the answers with the corresponding number with the questions I listed everything that doesn’t have a number next to it is just additional information about my situation.