My dependent claimed independent on the non-filer tax form in 2020 for a stimulus check. What form do they need to fill out to correct this so we can get our refund?

[ravuun]

We filed a paper return because of this, including a form the kid filled out, but it has still not gotten processed. The IRS tax advocates want us to send them our documents again so they can expedite our refund, but of course the kid didn't make a copy of their form and they don't remember which form it was. I can't find any information on how to amend the nonfiler form anywhere.

[Mike9241]

I would contact the advocate and ask specifically what you should do.  Explain exactly what was done - your son's non-filing for the EIP refunds and your filings and what the IRS wants to correct all of this. the issue is that your son didn't file any tax form but merely went online and indicated he was entitled to EIPs 1 and 2 probably $1,800.  if the IRS made an overpayment of the EIPs on its own they didn't have to be repaid. Your situation is different. Your son misstated his situation to get the money. I don't know if that will have to be repaid. if it does there may be penalties and interest or the IRS could reduce your refund by the $1,800.  Ask. 

[Critter-3]

He needs to complete and file an amended return to send back the stimulus payment he got by mistake.

The original return that he filed ONLY had the credit on line 30 so you can get a 2020 form from the IRS and fill it in manually. 

[ravuun]

Oh, she didn't get a stimulus payment because we had already gotten it. The problem is that they claimed themselves but we supported them 100% so they were our dependent. Because of this we had to mail a paper return with their amendment form, but I guess they didn't save a copy of it and now we don't know what form it was so she can fill it out again for the tax advocates. The tax advocates take forever to respond to questions so I am hoping somebody knows what form it was... It was NOT the 1040X.

[Critter-3]

The only form there is  is the 1040 for the original return and the 1040X for the amended.   If the tax advocate wants one of them then you will have to recreate it, sign it and send it to them as directed.   If you used the TT online program then you should be able to download the PDF of the last filed return.  

[ravuun]

I don't need to amend my return, and my dependent did not file a return as she was not working in 2020. The IRS had an online tool for non-filers to fill out in order to get a stimulus check, and that is how she claimed herself. That is what needs to be fixed, and she did fill out a form for it that we included with our paper return, but she didn't save a copy and can't remember what the form was. I sent her the 1040X but she says that wasn't the form she filled out.

[Critter-3]

Sorry  ...  but when she used the non filers tool she DID file a form 1040.  That tool was used just  to get the stimulus credit.   If she did not keep a copy of the return that was filed she can simply recreate it.  The non filer return entered $1 on the other income line to allow an efiling of that return to get the stimulus credit refunded.  

[ravuun]

Which 1040 would she fill out then? She said the 1040X wasn't the same form that she had filled out to amend her status previously.

[Opus 17 · Accepted solution]

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@ravuun wrote:

Which 1040 would she fill out then? She said the 1040X wasn't the same form that she had filled out to amend her status previously.

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The "non-filer" form is technically a form 1040 tax return claiming zero income and the rebate.  You are correct that your daughter must have not checked "I can be claimed as a dependent by someone else."

Your daughter needs to prepare an amended tax return—that's a new form 1040 containing the necessary changes along with a 1040X which acts as a cover page that summarizes the changes.  In this case, she will check the box for "I can be claimed as a dependent" and will not get the rebate.  The 1040X should show that she owes a repayment of up to $1800.

It sounds like you would then send the amended 1040 and 1040X to the Advocate rather than filing it in the normal way, but you should follow whatever instructions they have given you. 

[Critter-3]

There was no "non filer" tool  for the 2021 return ... only the 2020 return so this covered the first 2 stimulus payments allowed on the 2020 return so she would owe back $1800.  

[ravuun]

You misunderstand me. She used the tool in 2021 for the 2020 stimulus payments. She did not receive the payments because we had claimed her on our 2019 return, so the payments went to us. The problem is that since she claimed herself in the tool, we were unable to claim her on our 2020 return by filing electronically, and we included some kind of form she filled out to amend her status when we mailed our paper return. She didn't keep a copy of the amendment form so she needs to fill it out again...but she doesn't remember which form it was, just that it was not the 1040X. I am trying to figure out which form she needs to fill out to amend her status from the nonfiler tool so I can include it in our documents that the IRS Tax Advocates requested to expedite the processing of our 2020 return, which to this day has not been processed by the IRS.

[Opus 17]

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@ravuun wrote:

You misunderstand me. She used the tool in 2021 for the 2020 stimulus payments. She did not receive the payments because we had claimed her on our 2019 return, so the payments went to us. The problem is that since she claimed herself in the tool, we were unable to claim her on our 2020 return by filing electronically, and we included some kind of form she filled out to amend her status when we mailed our paper return. She didn't keep a copy of the amendment form so she needs to fill it out again...but she doesn't remember which form it was, just that it was not the 1040X. I am trying to figure out which form she needs to fill out to amend her status from the nonfiler tool so I can include it in our documents that the IRS Tax Advocates requested to expedite the processing of our 2020 return, which to this day has not been processed by the IRS.

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There is no other form I am aware of that your daughter could use to say "I made a mistake on my 2020 return" other than filing an amended 2020 tax return, that will include a corrected form 1040 AND a form 1040X that summarizes the changes.

Maybe the reason the IRS does not have her response on file is that she filed incorrectly. 

If you think there is a different form, you will have to discuss that with a tax professional in your area or with the Advocate Service.  

[Critter-3]

If she used the 2020 non filer tool to file a return to get the stimulus credit  then she had to amend the return  to undo the error.  She may have filed a 1040 instead by mistake which may be why that return has not been processed or is available on the IRS site.