Amending return to add a dependent

[krystaljean20]

Hi,

I am wondering if it is possible to amend a past return to add a dependent that someone else wrongly claimed. I am specifically looking at 2019 and 2020. 

I have two minor children that I share custody of with my ex. During those tax years they resided with me about 75% of the time. I also assumed that it was right that we each would claim one child every year. I realized since then that this is not correct. I also read on the irs website that he was supposed to have a form signed by me to allow him to claim either of our kids. That form was never filled out. 

Will the irs allow me to amend to claim my other child for those years and what will that process be like if it is possible? 

TIA 😀

[xmasbaby0]

Unless you had an extension for your 2019 return, it is too late for you to amend your 2019 return to get any additional refund for claiming your child.   You can amend 2020 to claim your child if you were the custodial parent for that tax year.   Claiming your child for 2020 will mean you get the child-related credits and the recovery rebate credit for claiming the child.   Your amended return must be filed by mail; it cannot be e-filed.   Use a mailing service to track it so you will know it was received; you will have a long wait of four to six months -- or longer -- for the IRS to process it.

See this TurboTax support FAQ for amending a tax return - https://ttlc.intuit.com/turbotax-support/en-us/help-article/tax-return/amend-change-correct-return-a...

 You can watch for information here:

https://www.irs.gov/Filing/Individuals/Amended-Returns-(Form-1040-X)/Wheres-My-Amended-Return-1

Are you the custodial parent?  Do you have an agreement with the other parent to allow the other parent to claim them--due to divorce or that you live apart and share custody?  Did one of you sign a Form 8332?

If there is a signed 8332 then the custodial parent retains the right to file as Head of Household, get earned income credit and the childcare credit.  The non-custodial parent gets the child tax credit for children under the age of 17.

As far as the IRS is concerned, the custodial parent is the one with whom the child spent the most nights during the tax year--at least 183 nights.

[krystaljean20]

Thank you so much for your response and information. I meant to say 2020 and 2021 return, not 2019. 
There was never a 8332 filled out and I definitely had them more than 183 nights. 
 The I believe the correct form is 1090x to amend, is that correct? 

Thanks again! 

[xmasbaby0]

The form used when you amend is a 1040X.    If you are amending 2020 and 2021, make sure you also go to the Federal Review section for the recovery rebate credit.   

[krystaljean20]

Ok, thank you so much for the information. 

[NCperson]

@krystaljean20 I think there is a missing step in here.....

in 2020 and 2021, if you only claimed one child, did you ex actually claim the other?

if he claimed the other child and you amend to now claim that child, that means your ex is going to have to return a lot of money to the IRS.   is that your objective? 

or did no one claim this child during those 2 years?