If my individual e-file accepted w no one can claim me but my brother (not submitted taxes yet) wants to claim me, should I amend my return before he submits?

[manaliii98]

Would his or mine rejected first? And is there any penalty for either of us if I submit before april 15 but it doesn't get accepted/processed in time by april 15?

[Cynthiad66]

If your return has been accepted already, it will not be rejected.  You can amend your return, but wait until your original return has been processed and you receive your refund or balance due notice before amending.  

I suggest your brother waits until you have amended or he can print and mail his return with an explanation.

[VolvoGirl]

If you qualify as his dependent you need to amend your return.  But he will have to print and mail his return even if you amend.  So he doesn't have to wait.  He should mail it right away.  

You should not amend until the first return has fully processed and you get the first refund or your tax due payment has cleared.  

How to Amend this year

https://ttlc.intuit.com/turbotax-support/en-us/help-article/tax-return/amend-federal-tax-return-curr...

[manaliii98]

If I amend my return today and efile it again, can he then efile his taxes tomorrow or he will still need to mail it? In that case, he can mail tomorrow but will he be penalized or he won't as long as he mails it before april 15? 

[xmasbaby0]

You say that your brother "wants" to claim you --- but you have provided no information as to whether your brother paid for over half your support, how old you are, whether you are a full-time student, etc.etc.   We have almost no information to go on.   

What we can tell you is that if you have already filed, and the IRS accepted your return that says you cannot be claimed, then anyone else who tries to e-file a return with your SSN on it will be rejected.   If your brother CAN claim you as a dependent, then the only way he can file now is by mail.  He will have to print, sign and date his return and mail it in.  Even if you amend, he will not be able to e-file with your SSN on his return this year----the ONLY way he can claim you is to file by mail.

If you made a mistake when you said you cannot be claimed then you can amend.   You will have to change the way you answered the question in My Info that asked if someone else can claim you.  Your amended return ---even if you amend soon----will not enable your brother to e-file.  He can mail his return whenever he is ready to mail it.

As for whether your brother can claim you----here is the criteria for him to use:

IRS interview to help determine who can be claimed:

https://www.irs.gov/help/ita/who-can-i-claim-as-a-dependent

WHO CAN I CLAIM AS A DEPENDENT?

You can claim a child, relative, friend, or fiancé (etc.) as a dependent on your 2023 taxes as long as they meet the following requirements:

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 (exceptions apply).
• They made less than $4,700 in 2023.
• You provided more than half of their financial support.

If you need to amend:

See this TurboTax support FAQ for amending a tax return - https://ttlc.intuit.com/turbotax-support/en-us/help-article/tax-return/amend-change-correct-return-a...

[VolvoGirl]

No he can not efile at all.  Once a ssn has been entered into the IRS system it can't be efiled again.  

[manaliii98]

thank you all for your help. Yes to clarify, im 25 yrs old and a full time student and i lived for more than half of 2023 with my brother and he helped me with a lot of school expenses. i had no refund/taxes owed in 2023 so i won't have to wait for anything. I will amend my tax today and change the question to yes that somone can claim me as dependent. my brother will mail his return tomorrow claiming me as his dependent. would this work? just want to make sure that since processing takes longer when you amend or mail return it won't count as late if that happens after april 15? thank you again. 

[VolvoGirl]

Since you are 25 being a full time student doesn't matter.  That only counts if you are Under 24.  So he can only claim you if you had less than 4,700 total income for the year.  You might not qualify as his dependent.  

[manaliii98]

Yes i had 0 income for 2023 as i was a full time medical student. 

[VolvoGirl]

If you had no income why did you file a return?  

[manaliii98]

for loan purposes, my school advised it to get $0 payment when loan repayment resumes my first year of working next year. so would that work what i said in my previous response?

[AmyC]

Yes, if you lived with your brother, he can claim you as it all started. You are worth a $500 credit for him. You can amend your tax return and efile it. Then your brother can mail in his return claiming you.