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If your parents were eligible to claim you but didn't claim you, you are still required to check the box on your return that indicates that you were eligible to be claimed on someone else's return. Below are the criteria to be claimed as a dependent:
There are two types of dependents, each subject to different rules:
For both types of dependents, you’ll need to answer the following questions to determine if you can claim them.
Dependent taxpayer test: The taxpayer, or spouse of the taxpayer if filing jointly, cannot be eligible to be claimed as a dependent on someone else’s tax return.
Married Filing Jointly test: If you file a joint return with your spouse, you cannot be treated as a dependent. (This rule does not apply if the joint return was filed only as a claim for refund and no tax liability would exist for either spouse if they had filed separate returns).
Citizen or resident test: The person claimed as a dependent must be either a U.S. citizen, U.S. national, U.S. resident alien, or a resident of Canada or Mexico. An adopted child that lived with the taxpayer all year passes this test if the taxpayer is a U.S. citizen or U.S. national.
Qualifying Child
In addition to the above, you must be able to answer "yes" to all of the following questions to claim an exemption for your child.
Relationship test: The child must be the taxpayer’s son, daughter, stepchild, foster child, brother, sister, stepbrother, stepsister, half brother, half sister, or a descendant of any of these, such as the taxpayer’s grandchild, niece, or nephew.
Residency test: The child must have lived with the taxpayer for more than half of 2019.
Age test: The child must be
• Under age 19 at the end of the tax year and younger than the taxpayer (or spouse), or
• Under age 24 at the end of 2019, a full-time student for any part of five calendar months during the tax year, and younger than the taxpayer (or spouse), or
• Permanently and totally disabled at any age
Support Test: The child cannot have provided more than 1/2 of his/her own support during the tax year. Welfare, TANF, and scholarships received by the child are not considered support.
Qualifying Relative
Relationship or Member of Household Test: To be considered a qualifying relative, a person must be:
Not a Qualifying Child Test: The relative cannot be a qualifying child of any other taxpayer for the year.
Gross Income Test: The relative's gross income must be less than $4200 for the year. Gross income is all income that is not tax-exempt. Examples of gross income include taxable Social Security benefits, taxable unemployment compensation, and certain scholarships and fellowships (i.e., monies used to pay higher education expenses other than tuition, fees, supplies, books, and course-required equipment).
Support Test: The taxpayer must have provided over 1/2 of the relative's support during the year. This test does not apply to persons who qualify as dependents under the children of divorced or separated parents rule and multiple support agreements.
Based on all that, if you did not meet the criteria to be claimed, you will want to amend your return so that is correct. Still, to qualify for this stimulus payment, you have to meet the other criteria here.
I did this exact thing . I put on my sons return that he could be claimed by someone else as I was planning on claiming him. And filed his first. Once I filed mine It was realized that I could not claim him , (He earned 22,000 this year and is 21) so I didnt. HOW can I change that on his return? So he will get his earned stimulus check. We used Turbo tax and I cant find an option to change that?? Please Help!
Has his return been accepted yet? You might need to amend his return.
If you do not qualify to claim him on the 2019 tax return, you might need to amend his return to check off the box someone can claim him. Please continue to read:
If you have already filed, you might not be able to go back to change. You can return to the program to make corrections without amending only if your return is being rejected. If your return is accepted, to change your information, you will have to amend it. You cannot just go back to edit.
If your return got rejected for any reason, you can return to the program to edit the information along with other changes and re-submit it. For instructions, click here Fix a reject 2019. You do not need to file an amendment 1040-X.
If your return has been accepted, you will have to amend by filing a Form 1040-X. Click here for instructions Amend 2019. Please note that you should not try to amend your return until it has been fully processed and you have received your refund or your payment has cleared. If by editing the information does not change the refund or amount you owe, you do not need to submit the amendment.
@Angiecy79
By amending her form, will this make it where she can get the stimulus check? She is living on her own and needs this money since she was laid off due to the virus and company freezing hiring.
Yes. If she has not been claimed as a dependent and files an amendment indicating she cannot be claimed as a dependent and once the amendment is processed she will become eligible for a stimulus payment this year.
I saw on another post you said if we wait until we file our taxes for next year they will give us the 1200 payment along with our taxes if we qualify for it, meaning not being able to be claimed. Is this true?
This is true.
If I am able to be claimed, but my parents are not claiming me, who will get the stimulus check? It is deducted from my refund when I select able to claimed rather than unable. So where will this money go?
@RyleeM Somebody should claim you, either your parents or you. If your parents have told you they will not claim you, do not mark that someone else is able to claim you.
There are 3 stimulus payments. For the first 2, if you file on your own this year- not able to be claimed, you can claim those missed stimulus payments. If you miss the 3rd, you can claim it next year on your taxes.
The stimulus questions will ask what you have already received and the program will calculate your missed payments and add them to your refund.
Hello
I am 17 US citizen living in the UK. Mom is a UK citizen so does not file US taxes. As I live in the UK full time I do not meet the residency requirements to be claimed on my dads tax return. My income is zero. I am not eligible to be claimed as a dependent on a US tax return. I am a US citizen therefore can I claim a 2020 tax return as a non filer and receive the recovery payments and potentially the 3rd stimulus check? I have a 13 year old brother in the same situation. What are our rights as US citizens?
You may qualify, assuming you have a social security number. Your brother would not, as he is too young to legally work. Since this is a new law and unusual circumstances like yours have not been filly litigated, it is hard to give you a definitive answer, but you would be within your rights to file a tax return as that is allowed even if you are not required to file a tax return.
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