I was getting a refund on return submitted last week, I just amended by changing my filing status and it shows I owe. Explain?

[Texas Roger · Accepted solution]

The amended return assumes you already received the refund on your original return. If it is entered on line 18 of form 1040X, then that is what it should be. The amended return then shows the difference between what you originally got and what would get or owe on the amended return. 

You should not print and mail your amended return until you get your refund. If the IRS adjusts your refund for some reason, your amended return will have the wrong amount on it if you mail it before you get the refund.

[christykeim]

My amendment was from HOH to single filing status. Original efile submittal w/ HOH status prevented my child father from claiming him as a dependent.  He now has to file by mail? Before or after my amendment is submitted?

[christykeim]

Well I just amended my return with single filing (not mailed in though), but may have jumped the gun.  My efile submitted last week reflects me as HH but not claiming child as dependent.  We actually have 50/50 custody with no primary custodian.  Our time is 6 months out of year for each parent.  If we were to have documented every single day we each had custody, one of us MAY have had him few days more than the other, but we don't have those actual records.

[Texas Roger]

He has to file by mail regardless of when you amend your return. If you were the custodial parent who the child lived with more than half the year, you can still file as head of household, qualify for EIC and child care credit and relinquish the dependency exemption and child tax credit to the father. You just need to answer the questions in such as way that you don't claim the dependency exemption. Were you the custodial parent?

[Texas Roger]

Tax law doesn't recognize 50/50 custody. If you think your ex had the child at least one more day than you did, then you can amend your return and remove the child from your return entirely. He would then get all of the child tax benefits including HOH, EIC, child care credit, dependency exemption, and child tax credit.

Or he could relinquish the dependency exemption to you and you would get the exemption plus child tax credit. You would enter the child on your tax return and indicate the child only lived with you for 5 months and that the father is relinquishing the dependency exemption to you.

If you think you had the child one more day than the father then everything described above would flip the other way.

[christykeim]

Thank you for all this info. Very very helpful! One more question, if I need to wait until I get my efiled return to send in my amendment to go from hoh to single, then will his mailed return get kicked back since irs records show me as hoh, not yet amended??

[Texas Roger]

No it will not affect the acceptance of his return. The IRS takes nearly 4 months to process an amended return and even after it is processed they don't timely update the data base so they just go ahead and accept the mailed return.

[christykeim]

Ok I willl let him know to go ahead and file hoh since I will amend and switch to single. Can he claim what I've paid for child care to get those benefits and vise versa, since only one of us is claiming child as dependent and hoh?

[Texas Roger]

Technically only the parent who pays the expense can claim it for credit and of course only the custodial parent can claim the credit. If you consider your payment to be a gift or child support to the father, some would say that he could claim the expense for credit.

[christykeim]

I thank you tremendously for all you're knowledge!! My mind is at ease. Have a great tax season! -C