Unclaiming a depended

[Tommyleedoggy]

This is the first year I'll be filing as "HOH" along with my mother. My brother lives with us and he's usually mom's dependent. This year I realized I get a way better return with my brother as my depended. My mom already claimed him. I just filed my taxes today (filed an extension) and it was rejected because I claimed my brother as a dependent.

1. After some research, I learned that my mom can file form 1040X to unclaim him but she needs to wait until she received her return to do so.

• Does she need to include her return along with the 1040x form? 

2. I also read that I can print and sign and mail mine instead and not have to wait for my mom's return or for her to file her amended form. Is that an accurate and better approach? 

I'm not sure what is the correct procedure here. I was getting lost in all these 3-4-year-old threads, so I'm opening a new one. Please help! 

[Bsch4477]

If you live in your parent’s house it is likely that she paid more than half of the cost of the household. If that is true only she can file with that status if claiming your brother. 

See page 24 to determine that. 

https://www.irs.gov/pub/irs-pdf/p17.pdf

[Tommyleedoggy]

I have a higher AGI this year. 

[Critter-3]

First your ONLY option will be to mail in the return this year since the brother's SS# has already been thru the system.  You do NOT need to wait ... you can mail it in right now.

Next, your mom will need to amend her return once the original return has been fully processed and she has her refund in hand.  

[Bsch4477]

The higher AGI comes into play when 2 people can claim a dependent but can’t agree on who does it. The qualification for head of household depends only on who paid more to keep up the home. The worksheet should help you with that. Generally the owner of the home is that person. 

[Tommyleedoggy]

Gotcha. We rent. And I pay almost or over 80% of the rent. 

[Tommyleedoggy]

Will my return get denied? or what are some of the possible outcomes of doing it before my mom submits her amendment? 

[Bsch4477]

Your efile will be rejected so you have to mail your return. Include a statement that your Mom (with her social security number), has amended her return since you are HOH and claiming the dependent. 

[Tommyleedoggy]

Yes, it was rejected yesterday and I came here to find the answer. I was wondering if the mail would be rejected as well if I do it while my mom's amendment still pending. 

As for the statement - do I just write it on a blank piece of paper? Or is there a form for that as well? 

And am I just able to print the e-file and send those or do I need to fill everything up again manually? 

Thanks for your assistance! 

[Bsch4477]

Just print your return and mail. There is no such thing as rejecting a mailed return. The IRS has to deal with it. Write the statement on your paper. Note that amended returns can take many months to process. 

[Tommyleedoggy]

Thanks for your help again. To summarize,

- I'll mail my return right away

- Mail fed and state separately (I need to find the addresses)

- Include my W-2s

- Write a note explaining the situation

- My mom can mail her amendment once she receives her original return (does she need to mail the return with 1040x?) 

[Bsch4477]

Mom’s 1040-X is her new 1040 so she doesn’t have to include that. But include any form or schedule that changed like child tax credit. 

[Tommyleedoggy]

One last question! Do I need to write a note for the state tax as well? I know I don't have to include my 1040 for it. 

[Bsch4477]

Yes, do the same for the state. 

[Tommyleedoggy]

Wait, it says to send in original copies of W-2, in that case, how do people mail-file their taxes because I only get 1 copy of W-2? 

This is so messy, I almost don't even want to do it. But the difference in my tax return will be so massive, I MUST go through it! I appreciate everyone who has been helping me! 😥