@Lynng11
Q. Will I get a stimulus check if I technically don’t qualify to be a dependent even though I was claimed as one?
A. No, not in 2020. But, you will get the $1200 next year. "In essence, the stimulus check acts as an advance of your 2020 income tax refund. This means when you prepare your 2020 income tax return, there will be a line to include the section 6428 credit. The credit on your 2020 return is subtracted by any amount received as a stimulus check in 2020. If the amount you received as a stimulus check is less than the credit you are due, the difference will be included as part of your 2020 refund. If you have been overpaid by receiving the stimulus check, however, you will not be required to return any excess amount".
But, the stimulus check, aside; your mom need to file an amended return, unclaiming you and the $500 other dependent credit. She is not entitled to that. The "magic age" is 24 (not 25). She cannot claim you as a dependent for 2019, because you were over 23 and made more than $4200 of income.*
You should also file an amended return, claiming yourself. Whether that results in you getting the stimulus check earlier, is not clear at this time.
*There are two types of dependents, "Qualifying Children"(QC) and standard ("Qualifying Relative" in IRS parlance even though they don't have to actually be related). There is no income limit for a QC but there is an age limit, student status, a relationship test and residence test. Only a QC qualifies a taxpayer for the Earned Income Credit.
A person can still be a Qualifying relative dependent, if not a Qualifying Child, if he meets the 6 tests for claiming a dependent:
- Closely Related OR live with the taxpayer ALL year
- His/her gross taxable income for the year must be less than $4200 ($4150 in 2018)
- The taxpayer must have provided more than 1/2 his support
In either case:
- He must be a US citizen or resident of the US, Canada or Mexico
- He must not file a joint return with his spouse or be claiming a dependent of his own
- He must not be the qualifying child of another taxpayer
