Can i amend my return and take off my dependant so that my whole refund wont be offset. then his dad can claim him

[SamiaI]

If you have already filed your tax return you would need to wait and see if your tax return is accepted or rejected.

If rejected, you can follow the steps below to remove the dependent then resubmit your tax return.

If accepted, you should wait until your tax refund is processed and you have received your refund. Then you can Amend your return to remove the dependent.

See the TurboTax faq on instructions to amend: https://ttlc.intuit.com/questions/1894381

If you have not yet filed your tax return, see the steps to remove the dependent from your tax return:

• Sign into your Online account and select Take me to my return.
• Select My Info in the left side bar.
  
• On the Personal Info Summary screen, scroll down to the dependents name and select the trash can icon and confirm.

[kellyjo844]

your not understanding. My refund was approved and is being offset for a student loan. I want to know if i can amend and take off my son(thus negating the money for the offset) and having my husband claim our son.

[DianeW]

@kellyjo844 Please see my updated answer for you.

[DianeW]

Yes, you can do that if you need to.  An amendment can be completed so that you can remove your dependent and let the other parent claim your child. Here are some of the basic rules when it comes to children of divorced or separated parents, as well as if they actually all live together (since I'm not familiar with your specific situation).

Only the custodial parent is entitled to the earned income credit and child care credit (if applicable). If you all live in the same household then only one parent can put the children on the tax return. You can decide between you who will do that, otherwise the IRS will use the Tie Breaker Rules (click this link).

If you do not live with the other parent, and the children live with you, then you should list them on your return.  When you list the children on your tax return, then you should indicate how many months the children lived with you, and check the box that you have waived the exemption to the noncustodial parent. Follow the screens to answer the questions.  Provide a signed copy of Form 8332 to the noncustodial parent.

• Start at the "My Info" section or "Personal Information" section, then Edit (or select the pencil) next to your child or children to review your answers to the questions.  You will be notified on the screen that you are not allowed to take the exemptions, but this does not eliminate the earned income credit.
• Click the image attached for assistance.

If you have answered all the questions correctly, then you should mail your tax return if it gets rejected.  Under the File tab select mail instead of E-file if this occurs.

With this information in mind you can decide if you want to amend your tax return.  Be sure to read all the information before you begin so that all of your original figures are accurate for the amendment. Consider whether you should also amend your state return, which is usually required if the federal changes.

https://ttlc.intuit.com/replies/3288565

[kellyjo844]

Ok so If I take my dependant off, will this affect the student loan offset? as in they would no longer have the money to take from my taxes?

[DianeW]

@kellyjo844 If your refund changes by removing your child (very few instances where this wouldn't change the refund), then yes.  The lower the refund the less that can be applied to offset the student loan balance. You can amend your return up to three years so the IRS will accept it and make the change at any time during that period.

[jr209]

@DianeW  I had a question. My Son lives with his mom most of the time. I usually have him on the weekends and when his school is out. Her father , with whom she lives with, wanted to claim my son since she does not work and my son and his mom live under his roof. I already filed and got my return. I think it would be fair to have have him claim him instead of me because he supports them by giving them a place to live. My question to you is how should I amend the return? I filed as head of house hold and received EIC for my son. Also, how will I go about paying the money back to IRS and how long to I have to give the money back?

[DianeC958]

You would amend your return and change you filing status to Single and remove him as a dependent.  Once you have completed the Amended return you need to print, sign, date and mail it in with any payment that is due.

The payment is due when you file the amended return.  If you file the amended return after April 15, 2020 and then pay the amount due you may be subject to penalties and interest.