Amend taxes

[Bonusmomma]

I’m trying to amend my taxes in turbo tax but it’s saying “this section will be ready February 16th.” When that day comes can I amend them or do I have to print out 1040 form and mail it in 

[xmasbaby0]

You cannot change or add anything on the return that you just e-filed, nor can you stop it.  It is too late, just like when you put an envelope in a US mailbox on the corner.  The IRS does not allow you to take it back.

If you left out a W-2, a 1099G, or a dependent, or a 1099 etc…DO NOT change your return while it is “pending.”  The changes will go nowhere.

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 tax return 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 e-file or mail  it in. You have to be able to work from that return exactly the way it was when it was e-filed originally.  You will need to use a form called a 1040X.

  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

The Form 1040X you need will not be available until late February.

[Opus 17]

Amended returns can usually be e-filed, depending on the circumstances.

However, don't jump to amend on February 9.  Wait until your first tax return is fully processed and any refund fully paid. 

[fanfare]

Amended returns can be e-Filed  IF  you e-Filed 1040 with TurboTax and it was ACCEPTED

and it is not after October 15.

[Bonusmomma]

Thank you 

parent claimed child when she wasn’t supposed to so she is trying to amend her taxes and it’s saying she can’t until February 16th. She E filed and I think received her tax return already 

[Opus 17]

@Bonusmomma 

if a parent is filing an amended return to remove a child dependent, that will probably be able to be e-filed. However, if there is another parent, waiting to claim the same child as a dependent, that parent will never be able to e-file this tax season. they will just have to mail their tax return.  The IRS database that controls e-filing just isn’t updated fast enough to take the amended return into account. 

Also, if this is the custodial parent, where the child lived more than half the nights of the year, some special rules apply, and if you don’t know what those rules are, you should ask us for further clarification. If there is an agreement that the non-custodial parent will claim the child this year, the child’s status may need to be changed, but the child should not be completely deleted.

[fanfare]

If this is conflicting with your own tax return, you will have to file on paper via US Mail.

it doesn't matter when she amends her return.

[Bonusmomma]

Thank you.
We have our court order that says father is supposed to claim child for taxes for 2022 and we have him more nights than her every year.  I printed everything out including his taxes and going to mail them in tomorrow. She knows she messed up but we are new to this and didn’t know what to do because she kept saying to not mail in taxes and she will “fix it” and he can E file. But everything I have read and you just said, she is very wrong. 

[Opus 17]

@Bonusmomma 

It’s still slightly unclear, because you say “we “ and “the father” and I think you the “we” are the mother and a new partner? And the father is someone different? 

If the mother has custody more than half the nights of the year, and you are going to follow a court order to allow the non-custodial father to claim the child as a dependent, the custodial parent must give the non-custodial parent a signed form 8332 dependent release.  In the dependent interview, the mother will answer yes, that she has custody more than half the year, and yes, there is a legal custody agreement, and yes, you are giving the other parent a signed release.  In that case, the child should be marked with the status “non-dependent, use for EIC and dependent care”.  Even though you do not claim the $2000 child tax credit, the child allows you to qualify for EIC, and the dependent care benefit if you meet the other qualifications. If the mother is unmarried, the childhood qualify her to file as head of household instead of single. Those tax benefits can’t be waived, transferred, or shared with the other parent, even if there is a court order.   So don’t delete the child, change the status by changing the answers in the interview.

The non-custodial parent would answer no that they do not have custody more than half the year, yes, there is a custody agreement, and yes, the other parent will give them a signed release form. The other parent will claim the $2000 tax credit, but the software will not allow the other parent to qualify for EIC or head of household, because those benefits can’t be shared.  The other parent will also have to mail the signed original form 8332 attached to the rest of their tax return.  Both you and the other parent should keep a photo copy of the signed form 8332 for your records.   

[Cynthiad66]

I think it is clear about who should claim the dependents based on the court order or other arrangement made by both parents.  However, you are trying to figure how and if you can amend electronically.

If one parent has filed and claimed the dependent and now wants to amend that return to remove the dependent, that could hinder you from e-filing.  You should not even attempt to e-file with the dependent because it will most likely reject because of the dependent Social Security Number.

I suggest claiming the dependent on your return and print and mail the return with a letter of explanation to the IRS.  They will then be able to process your return manually, if the spouse has amended to remove the child.

 On another note,  the IRS is not accepting amended returns until late  February.  TurboTax allows you to amend free. 

@Bonusmomma

[Opus 17]

@Cynthiad66 

@Bonusmomma 

I’m not following this comment.  If the taxpayer who originally posted the question is the person who needs to remove the child as a dependent, that amendment should be allowable electronically.  The other taxpayer who needs to include the child is probably blocked from e-filing and needs to file by mail, but I would not attach any other written documentation. The IRS will process the refund as-is. It takes the IRS 9 to 12 months to start an investigation of a duplicate dependent claim, and by that time the amended return will be processed and any conflict in the system will have cleared. (It’s just that the conflict won’t clear in time to allow the other parent to e-file.)

I am more concerned that if this taxpayer needs to remove their dependent, because the other parent is claiming the child, I want to make sure that the taxpayer adjusts the dependent status in the correct way, so they are not deprived of the ability to claim EIC, head of household, or the dependent care credit, because those benefits always stay with the parent who had custody more than half the year and can’t be released, transferred, or shared.

[Cynthiad66]

Thank you for that catch.  I read the thread as if the original poster was the person waiting to be able to claim the dependent.

You are correct, the person that originally claimed the child can amend electronically if they used TurboTax to originally file.  That will be around the end of February.

The other person that wants to claim the dependent will not be able to e-file.  I would attach a written explanation so that the person receiving the return will have a clear idea of what the issue is and be able to manually make the adjustment without trying to figure out the issue.

@Opus 17 @Bonusmomma

[Cynthiad66]

Thank you for that catch.  I read the thread as if the original poster was the person waiting to be able to claim the dependent.

You are correct, the person that originally claimed the child can amend electronically if they used TurboTax to originally file.  That will be around the end of February.

The other person that wants to claim the dependent will not be able to e-file.  I would attach a written explanation so that the person receiving the return will have a clear idea of what the issue is and be able to manually make the adjustment without trying to figure out the issue.

@Opus 17 @Bonusmomma

[Bonusmomma]

no! I am the step mother
The birth mother WAS NOT supposed to claim child on anything! Child credit, dependents, nothing. 
Both of the parents have 50/50.  The father has a court order stating it is the fathers year to claim their child for 2022 taxes. The birth mother is not close to being the custodial parent, if anything the father and step mother are because the child is with us more each night every year.
Birth mother is not able to amend her taxes until February 16th from what turbo tax said, I am told I need to mail in the fathers taxes, court order and proof the child resides with the father and step mother more than birth mother. 

[Opus 17]

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@Bonusmomma wrote:

no! I am the step mother
The birth mother WAS NOT supposed to claim child on anything! Child credit, dependents, nothing. 
Both of the parents have 50/50.  The father has a court order stating it is the fathers year to claim their child for 2022 taxes. The birth mother is not close to being the custodial parent, if anything the father and step mother are because the child is with us more each night every year.
Birth mother is not able to amend her taxes until February 16th from what turbo tax said, I am told I need to mail in the fathers taxes, court order and proof the child resides with the father and step mother more than birth mother. 

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First problem comment/concern: all that paperwork is probably going to be lost.  Your mailed return is typed into the system by a low level clerk who might or might not scan your documents.  The medium level person who will review the return 9 months from now may never see the documents.

Second problem comment/concern: Custody orders aren't proof of anything and aren't even accepted by the IRS for review if they were signed after 2008.  The IRS only goes by where the child actually physically lived, regardless of any orders.

Third comment: if you are legally married to the child's parent, then you as a stepparent have the same legal right to claim a child as a dependent as a biological parent, it's not necessary to say "my spouse's child," it is "our child" for all legal and tax purposes.  

If you have custody more than half the nights of the year, you don't need custody orders.  You are the only parent with the automatic legal right to claim the child as a dependent.   If the other parent claimed the child, you will be blocked from e-filing, so you need to print and mail your return.  If the other parent amends their return to remove the child, there will be no conflict at the IRS and no reason to mail custody orders, letters, or proof of where the child lived.  The problem simply will never occur.

If the other parent never corrects their return, you may get a letter in 9-12 months asking you to explain the situation and provide proof of where the child lived.  You may get this letter even if you attach the same proof to your tax return, so at the very least you should keep copies.  Personally, because the IRS is short-staffed, over-worked, and backlogged on paper returns, I would not attach anything extra when filing by mail, because of the risk it will get lost or otherwise delay processing your tax return.  I would wait to send proof until it is asked for.  (Remember that if the other parent amends their return, proof will never be asked for, and if the other parent does not amend their return, the proof will be needed 9-12 months from now when the return is analyzed by a specialist, the proof is not needed to approve your initial refund claim now.)

Good luck.