I am unmarried and am trying to claim my children. My partner usually does and received stimulus for them. The system keeps adding to my stimulus,how do I deny the extra?

If you wish to include the stimulus payment for the children that your partner received, you will add the amounts of their stimulus payments to your stimulus payments received boxes.  The amounts would be $500 each for the first round and $600 each for the second.  

 

However, under the current IRS guidelines, if you and your partner are living apart and alternating years for claiming dependents then you don't need to include their payments in your stimulus received if 2020 is your year to claim.  You can claim the Recovery Rebate Credit for them on your 2020 tax return even if your partner received stimulus payments for them based on prior year returns.

 

Here is the latest information on the Recovery Rebate Credit.

 

   

 

 

We do live together. He received the correct stimulus payments for the children. 

• He has always claimed the kids but this year I would receive a higher rebate as I earned less. Can the lower earner claim the children?

You would include in the boxes the amounts received for the children on your return since, in essence, you did receive them as you are together. 

 

Your significant other would not include the children on his return as dependents, but would include the payments received in the stimulus boxes as the IRS knows the payments were sent to his social security number. 

 

There is no penalty or reduction for any overpayment. His Recovery Rebate Credit is simply reduced to zero, as would yours be, signifying full payment received by all.  

 

Here is a link with more information on the Recovery Rebate Credit, if needed.  

This is one of those legal loopholes in the stimulus credit ... if you have 2 unmarried parents who do or do not live together and the one parent  claimed the kids in the past and got an advance of the stimulus on those kids then the other parent can claim them on the 2020 return and get the stimulus again.   

 

You ONLY  report  the amount of  stimulus  money  you personally  received on your return and the other parent does the same.   The parent who got too much gets to keep the excess  and the other parent gets the credit as well   ... this is just how the reconciliation of the advance credit works.  What you think would not be allowed as "double dipping"  is legal.