The advance stimulus payments were based on the last return filed, but the actual credit is dependent on your 2020 tax situation. So here is what happened - - When the first round of checks went out, the IRS used his 2019 (where he was not a dependent on your return) and sent him the first check. For whatever reason, he did not get the second one. Payments you did not receive are claimed on the 2020 tax return. But if you claim him as a dependent for the $500 credit on your 2020 tax return, he cannot claim the recovery rebate on his return. There is no reason for him to file a 2020 tax return if you are going to claim him. He does not have to return the $1200 he received from the first round.
To claim the Recovery Rebate Credit on his return, your son
- Must be owed an additional amount based on the information in this year’s 2020 Tax Filing. The maximum amounts are:
- First payment: $1,200 ($2,400 if married filing jointly for 2020) plus $500 for each qualifying child you had in 2020; and
- Second payment: $600 ($1,200 if married filing jointly for 2020) plus $600 for each qualifying child you had in 2020
- Must be a U.S. citizen or U.S. resident alien,
- Have a valid Social Security number, and
- He can’t have been claimed as a dependent on someone else’s 2020 tax return
If you do not qualify to claim him as a dependent (you did not provide over half of his support), he can file independent and claim the $600 missing payment. But in this case, you would not get the $500. If you can claim him, even if you don't, he can't claim the recovery rebate. He can't be claimed on 2 tax returns. The next round will provide a payment to adult dependents, so this won't be an issue.
@Jerry_H
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