Other parent received 2021 advanced child tax credit for the child I claimed in 2021. How do I amend my return to receive the money he was paid?

[kirch]

we are divorced and he had to pay back the advanced amount

[VolvoGirl]

You should have automatically got the full amount on your return.  Check your 1040 line 28.  Did you say you didn't get any Advance Child Tax Credit?   Did your child show up as a dependent and checked for the Child Tax Credit?   

[kirch]

There is a credit on the 1040 line 28.  I received a letter from the IRS that they reduced my return amount by the money that was advanced to the other parent.

I filed before other parent, he's now filed and had to repay the amount.  Am I able to get what he paid back or is that handled on line 28 already?

[Mike9241]

i don't see anything on the IRS website about what they do in this situation. so it is not known if they will automatically send you the CTC. trying to contact the IRS and get an answer is probably a waste of time because you may not get the right answer.  see what others post. but unless someone posts for sure that you'll get it without filing an amended return, I would recommend filing it.  however, to properly do this you first have to eliminate the CTC on line 28 because column A of the 1040-X is supposed to be as last file or last adjusted by the IRS.  they changed line 28 to zero so that's where you need to start. it may be possible to do this by entering that you actually received the amount on line 28 so the return shows zero (form 8812 line 14i will show zero). then close the return and open it to amend this time eliminating the amount entered as received. line 28 should be back to what was originally filed.

you'll need to include an explanation which would include that you're amending to claim the CTC which was previously denied because your ex (name and SSN) got the advance. he repaid it because he was not entitled to claim the child.  

[NCperson]

@kirch - can you please provide some specifics before recommending a path forward or amending your return.

1) what is on Line 28 of Form 1040

2) how many children do you have listed on your tax return and their ages as of 12/31/21.

3) what was your filing status in 2021?

4) what was your filing status in 2020? 

5) how much did YOU receive for the Advance Child TAX credit in 2021? please do not respnd from memory but rather review your bank statements from July - December, 2021

I am not confident that what he paid back has any bearing on your tax return.  it normally doesn't work that way

[kirch]

1) what is on Line 28 of Form 1040--$2,750

2) how many children do you have listed on your tax return and their ages as of 12/31/21.--one, 14

3) what was your filing status in 2021?--head of household

4) what was your filing status in 2020? --head of household

5) how much did YOU receive for the Advance Child TAX credit in 2021? please do not respnd from memory but rather review your bank statements from July - December, 2021--$0, my daughter was 18 in 2021.

[kirch]

Thank you! I did try the amendment  prior to asking the question, but didn't think to alter line 28 as you suggested. I will give it a shot 🙂

[NCperson]

@kirch - Line 28 should be $3,000 as a result of the amendment.

How much did the IRS reduce your tax return by already?  That adjustment would reduce the $2750.  So $2750 less the IRS adjustment should be in Column A of the 1040-X.  Then Column C should be $3,000.  The difference goes in Column B.

The benefit is $3,000 for each child between the ages of 6 and 17 years old.