I accidentally claimed a dependent for EIC when it was not my year. Can I amend my return and delete the dependent?

[xmasbaby0 · Accepted solution]

No, you cannot change or add anything on the return that you just e-filed.  It is too late, just like when you put an envelope in a US mailbox.

Now you have to wait until the IRS either rejects or accepts your return.  If your return is rejected, you will be able to go into your account and make the necessary changes to your income and re-submit your return.  If the IRS accepts your return, however, then you have to wait longer until it has been fully processed and you have received your refund.  THEN you can prepare an amended tax return and mail it in.  You cannot e-file an amended return.  They have to be mailed, and it takes at least a couple of months for the IRS to process an amended return.  Meanwhile, DO NOT go in and start changing anything on your return in the system, or you will make a mess for yourself.  Sit tight and wait until you see what the IRS does with the return you just e-filed.

[joeperone]

My son's mother's return was rejected due to my error since it is her year to claim him. Does she have to wait to file until my amended return is accepted?

[xmasbaby0]

No, she can print and mail her return.  She cannot e-file.

[macuser_22]

What do you mean by "not my year"?

The EIC is not a credit that can ever "be traded".    Only a child's exemption (dependent) and child tax credit can go to the parent that did not physically live with the child for more than 1/2 the year (more than 183 nights).

The EIC and Child Care Credits can *only* be claimed by the parent that physically lived with the child more than 183 nights of the tax year.  That is Federal tax law and cannot be changed by any local court order.

[denpavchris]

How old can a child be to get the eic credit

[macuser_22]

The child must be a Qualifying Child dependent no older then 18 at the end of the year or a full-time student no older  then 23.

[Ncf503]

Hello

Did you get this issued resolved? I did the same thing and I claimed non dependent/eic credit only. Then my kids father is trying to claim but wil not recieve anything for them as I had took the eic credit.  I had no idea this was a thing and i wished i had a professional doing my taxes. 

But did u amend your taxes once you recieved your refund? And did the other  parent filed taxes with correct dependents? 

[JohnB5677]

You should have the child's father mail his tax return.  The IRS will flag both returns and mail a tax notice to both of you requesting clarification.  You can then relinquish your claim on the children.

You can also amend your return, but it will probably take longer to process.

To amend a return 

Some quick ground rules:

1. Be sure the original return was filed and accepted.
2. Save the original return before you start the amendment
3. Change the name of the amended return.
4. DO NOT go back into the return or change anything before you start the amendment process.
5. Gather everything you need before you start.
6. Complete the entire amendment process before you log out.

 You can correct a return that you've already filed and had accepted.  Select the year that applies and use this guide to proceed.

Select your tax year for amending instructions:

• 2020
• 2019
• 2018
• 2017

For additional information please refer to  How to Amend

The 1040X (Amended Return) tax form for 2020 is scheduled to be available 03/25/2021.

@Ncf503