Amending taxes to remove dependent

[madxtech3]

My boyfriend and I are first time parents and didnt understand when you claim a dependent only one person can claim them. We have educated ourselves now but are trying to understand how to fix this situation. 

When we did his taxes we did them wrong and put his filing as head of household and our daughter as the qualifying dependent for the EITC.  We filed his taxes first and then went on to do mine, claiming her for her stimulus and the child tax credit payments - however when I filed I was rejected because her social was attached to his return.

I am aware we need to amend his taxes to remove her and change his filing to single once he receives his refund - however what I dont understand is how I will be able to e-file by the tax deadline if his amendment wont be accepted for up to 16 weeks, because I cant file until I am able to claim her.

Do I need to file an extension? Or does submitting his amended return remove her social security number and allow me to use it within a couple days?

[AliciaP1 · Accepted solution]

Submitting the amendment will not fix the dependent issue quickly.  The IRS would not remove the dependent until the amendment was processed.

You don't have to file an extension unless you want to e-file your return, but you will likely want to file an extension to give the IRS time to process the amendment.  You can file your taxes with your dependent but you will need to print and mail them in.  Even then there's a chance that there would be a delay with your mailed-in return if it was processed before his amended return.

[madxtech3]

Okay that’s what I thought. I would rather wait to e-file my taxes on turbo tax once his amendment is accepted - but again that could be 16+ weeks. So what do I do? Can I file an extension on turbo tax. 

[ThomasM125]

You can file an extension on TurboTax if you aren't able to get things straightened out by the tax due date in April. If you are anticipating a refund, you won't need to pay any taxes with the extension request.

[madxtech3]

But just to clarify - I won’t be able to file mine with my daughter as my dependent until his amendment is accepted? Will I have to wait until it’s accepted AND he’s received his refund? 

[Vanessa A]

If someone else claimed your daughter as a dependent and they are amending their return to remove her, you will need to print and mail your return. The IRS normally takes up to 16 weeks to process an amended return, however, last year they were quite backed up and will likely be backed up this year so it could take much longer.  This means that by the time the other persons tax return is processed, your return would be late. If you print and mail your return, it will still be accepted and received by the IRS on time, but it will still likely be delayed while they work out who is claiming your daughter. 

[Critter-3]

Not sure what you are trying to do ... since only one of you can claim the child for all tax related items ... before you do anything you need to see on whose return the child benefits the most. 

Will you remove the child from his return all together and put the child on your return only ?   

Or simply add the child to his return for everything and take the child off your return completely ? 

[madxtech3]

I am due a refund why do I need to mail my taxes in. Why can’t I wait for his amendment to be approved in ~16 weeks and then file mine.

[ZoltanB45]

f you would rather wait 16 weeks or so than to mail in the return, that is certainly an option. Just need to advise with all of the issues the IRS is having with normal returns, there is no guarantee of  when it will be processed or that after it gets processed, there won't be some issue halting you from e-filing then. People enter the correct AGI and the IRS hits them back with a rejection because of an error on their end.  

[Critter-3]

Since the child's SS#  was filed on a 2021 return you will NEVER be able to efile the 2021 amended  return  so mail it in now. 

[AmyC]

In a perfect world, this is what would happen: The IRS processes HIS tax return, HE gets the money and puts it in the bank. HE files an amend return electronically. He pays back all the money owed. You then mail in your return. The IRS can now see that the child is removed and all is well.

In a not so perfect world:  If your paper return gets there with no amended return from him, the IRS will contact one or both of you to determine who should be claiming the child. This will be a long drawn out process.

As soon as his money clears the bank, e-file the amended and cross your fingers.

[madxtech3]

Okay great. So I will amend his once we receive his refund electronically through turbo tax. Once his amendment is approved (16+ weeks) I will file mine.

I am due a large refund, so it shouldn’t matter if I miss the deadline to file because the deadline is only for people who owe money and are not getting a refund. 

is this correct?

[madxtech3]

What? Can you elaborate on this. Turbo tax offers the option to amend taxes electronically beginning on March 26th. 

[VolvoGirl]

Yes he can amend, maybe electronically.  Critter meant YOU will never be able to efile YOUR original return.   You don't have to wait for him to amend or the amended return is done processing since you have to print and mail your return.  

[madxtech3]

I’m sorry I don’t understand your response.

1) turbo tax allows you to electronically amend your taxes beginning on March 26th. This is a fact, not a maybe.

2) why would I “never” be able to e-file my original return? Of course I can. It was rejected by turbo tax initially because my boyfriend had filed before me and accidentally claimed our daughter as his dependent. Turbo tax has sent me numerous emails reminding me to re-file which can be done electronically OR by mail. 

3) why do I need to print and mail my return. I can e-file it as soon as his amendment is accepted by the IRS. I am due a refund, meaning the tax deadline of April does not apply to me. It would apply to me if I owed money. 

4) I believe what’s going to happen is, on March 26th when turbo tax releases the amendment forms he will amend his taxes and we will wait 16+ weeks for them to be accepted. Once they are accepted that means I am able to e-file my taxes claiming my daughter as my dependent.