Son filed with wrong status depende

[glake]

Hello

I see similar questions asked and answered (at least the first part anyway).  I'm going to use TT to correct my son's return for 2019.  He mistakenly filed as a dependent (he is not).  Consequently he was excluded from the first stimulus payment in 2020.

I know he'll have to file an amended return (assuming by mail, but maybe not).  Is there any way for him to claim that first stimulus payment?  Or can he try to recoup on his 2020 return when he files.  Furthermore, will he still be able to get second payment that is currently being paid out in Jan 2021?

[xmasbaby0 · Accepted solution]

If your son is not a qualifying child or qualifying relative for 2020 he can get the stimulus money on his 2020 return---do not bother with amending 2019.  

There are two kinds of dependents---is he your qualifying child or qualifying relative?  If he CAN be claimed he has to say so on his own return even if you do not claim him.

WHO CAN I CLAIM AS A DEPENDENT?

You can claim a child, relative, friend, fiance (etc.) as a dependent on your 2019 taxes as long as they meet the following requirements:

Qualifying child

• They are related to you.

• They cannot be claimed as a dependent by someone else.

• They are a U.S. citizen, resident alien, national, or a Canadian or   Mexican resident.

• They are not filing a joint return with their spouse.

• They are under the age of 19 (or 24 for full-time students).

• No age limit for permanently and totally disabled children

  •      They live with you for more than half the year (exceptions apply).

Qualifying relative

• They don't have to be related to you (despite the name).

• They cannot be claimed as a dependent by someone else.

• They are a U.S. citizen, resident alien, national, or a Canadian or Mexican resident.

• They are not filing a joint return with their spouse.

• They lived with you the entire year.

• They made less than $4300  (not counting Social Security)

• You provided more than half of their financial support. More info

When you add someone as a dependent, we'll ask a series of questions to make sure you can claim them.

Related Information:

• Does a dependent have to live with me?

• What does "financially support another person" mean?

• Can I claim a newborn baby?

If he CANNOT be claimed for 2020:

The stimulus check is an advance on a credit you can receive on your 2020 tax return.  If something went wrong or you did not get the stimulus check this year, you can get it when you file your 2020 return in early 2021—if you are eligible.It will end up on line 30 of your 2020 Form 1040.

https://www.irs.gov/newsroom/economic-impact-payment-information-center-topic-j-reconciling-on-your-...

https://www.irs.gov/coronavirus/coronavirus-tax-relief-and-economic-impact-payments-for-individuals-...

https://ttlc.intuit.com/community/tax-topics/help/how-will-the-stimulus-package-impact-me/00/1393859

We know that the IRS is already revising the 2020 Form 1040 to include the 2nd stimulus, but that change will entail a lot of re-programing at the IRS and for the tax software programs.  It may be at least a month — or longer— before the forms are changed.  Do NOT be in a hurry to file your 2020 tax return until more is known. Give some extra time to the IRS and the software programmers so that the software can handle the new 2nd stimulus, so that you can get it all by filing ONE time. You will need to visit the recovery rebate section AFTER the form and software revisions are complete in order to do this correctly. It is never a good idea to file too early; filing your 2020 return too soon may result in a lot of extra confusion that can be avoided if you wait and file a little later.

[glake]

Thanks so much for the speedy and detailed response.

Just to clarify.  He is not a dependent.  He doesn't live with me (he's a student) but I am not providing more that half his income.  He worked almost fulltime

So don't bother correcting 2019?  I thought the stimulus was based on 2019 tax return?

You are confirming he may be able to recoup the first stimulus payment? (minus the letter from the president of course)

[xmasbaby0 · Accepted solution]

No the stimulus is NOT based on 2019 income.  When they rushed out the first stimulus checks they had to use information from 2018 or 2019 returns in order to send out that money in a hurry.  But the stimulus is really an advance on 2020.  If someone got too much in 2020  from the 1st stimulus, they do not have to pay it back.  If they did not get it in 2020, but qualify for it, they get it when they file the 2020 tax return in 2021.