"Spouse Can Be Claimed As A Dependent" Stimulus

[MRizzo]

So I read this Thread Here and I too am one of the people who got screwed out of the Stimulus payments. I KNOW I didn't check this box, and when I filed again this year, I MADE SURE TO LOOK CAREFULLY and the STUPID box is still checked. I filed for my rebate and called the IRS this Friday (5th) and they said that my return was adjusted to NOT include the credit for the stimulus because this  Spouse Can Be Claimed As A Dependent box. So - just in case any of you had hope this would be fixed nearly a year later...it is not. :( 

[JamesG1]

Are you saying that your spouse was claimed as a dependent on your 2020 Federal tax return?  Or 2019 amended Federal tax return?  Please clarify.

If you are referring to the 2020 Federal tax return, the spouse would not likely qualify as a qualifying child and a dependent must be a qualifying child to receive the stimulus payments.

IRS FAQ state:

Who is considered a qualifying child?

A qualifying child is a child who meets the following conditions: 

• Relationship to the individual who’s eligible for the payment: The child is your son, daughter, stepchild, eligible foster child, brother, sister, stepbrother, stepsister, half-brother, half-sister, or a descendant of any of them (for example, grandchild, niece, or nephew).
• Child's age: The child was under age 17 on December 31, 2019.
• Dependent of the individual who's eligible for the payment: The child was claimed as your dependent on your 2019 tax return or in the Non-Filers: Enter Payment Info Here tool.
• Child's citizenship: The child’s a U.S. citizen, U.S. national, or U.S. resident alien.
• Child's residency: The child lived with you for more than half of 2019.
• Support for child: The child didn’t provide over half of their own support for 2019.
• Child's tax return: The child doesn’t file a joint return for the year (or files it only to claim a refund of withheld income tax or estimated tax paid). 

The payment will include $600 for each qualifying child listed on your 2019 tax return with a valid SSN or ATIN. 

[MRizzo]

No. Thought I was pretty clear. My husband was not my dependent, or anyone's. There's a box that says MY SPOUSE CAN BE CLAIMED AS A DEPENDENT that somehow got checked on my 2019 and now 2020 taxes, although it does not ask you this question.  

The IRS said because this box is checked I'm not getting my stimulus. I'm a grown woman who hasn't been a dependent in over 2 decades as well as my husband. 

[MRizzo]

Also please read that last thread I linked in the OP. There's HUNDREDS of us with this problem, hoping it would be fixed for this tax season.  😔

[SamS1]

You should see that question if you review My Info.  If you go back into the return and open the My Info link, it will indicate if that dependent of another option is selected.  If you edit that section, you will be able to turn off the dependent of another selection.  We don't have specific  procedures for the third stimulus payment because the measure just passed Congress and has not been signed by the President.  If you had issues receiving your earlier stimulus, then the best way to ensure that you are one of the first to receive any future stimulus payments is to file your 2020 tax return as early as possible and use direct deposit so that the IRS will have your updated information. 
 
You can find the most up to date information from the IRS here, and updates from TurboTax here as they develop.

[harryhoudini66]

I came here for this exact same reason. It looks like that little glitch that TurboTax first refused to acknowledge and then corrected but chalked it up as a minor issue, happened again.

Last Friday I received my refund minus the stimulus check amount.

[MRizzo]

I am so sorry to hear that. When I spoke to the IRS they said they put a referral on my account to be looked at and she included all the notes because she admits it is an error and I should qualify for stimulus payments. She estimated 30 days to get back to me at the max regarding it. Once they get back to me, depending on the solution/answer, I may have to get a Tax Advocate to see about getting this resolved. I cannot believe this is STILL going on a year later. 

In my case, this is an error. However, I can't help but wonder about people who ARE in that situation. What if my husband and I were separated or whatever and he COULD be claimed as a dependent elsewhere but I AM NOT. Does that mean my child and I shouldn't get a stimulus payment? His status should have NOTHING to do with my stimulus. 

Hope this gets fixed :( Will update when I know more. 

[MRizzo]

That is not an option in the My Info section. Only if I can be claimed as a dependent. Which is at "No." And has been for decades now. 

I did file my taxes. It did have the rebate. The IRS is adjusting the amount so I only receive my return however, as I mentioned in the OP. As you will also see, there is another member here with the same problem who's return was adjusted and they were, once again, left out of the last 2 stimulus checks. 

Thanks for the help. 😑

[harryhoudini66]

That is actually my scenario. My wife (process of divorce) left. I have been taking care of the kids on my own now for a few years. I am lucky to have a good job that was not affected by the changes Covid caused.

In my case, I did check that someone else could claim her on their taxes. Since I was not sure if her new guy would be doing that. However, that was in 2018. Since then, it appears this option has been carrying over by itself.

From what I read in a few different areas, having that box checked for either person would disqualify both from the stimulus check.

I am hopeful that my divorce finalizes this year.

[MRizzo]

I am sorry to hear that! I hope that gets all sorted out for you soon! 

As far as having the box checked for either person - that is not correct actually. My husband got his stimulus payments fine, but he didn't have that box checked. You would think they could get this sorted out. Having a possibility for your spouse to be claimed as a dependent for someone else should not make us ineligible for stimulus funds! 

[harryhoudini66]

Well, I just got off the phone with an IRS agent. It took about three hang ups and four transfers but I got one in the end.

After lecturing me for a while and refusing to listen, she came back with the same answer we all know.

The fact that the "Spouse Can Be Claimed As A Dependent" is checked on my taxes, disqualified me from the  Recovery Rebate Credit.  Apparently, there is nothing that she could do. Even though it was clear on her end that the box was checked for my spouse and not for me. Nobody can claim me as a dependent and in fact, I am Head of Household.

Add insult to injury, she lectured me on how I cant file Head of Household since I am legally married. She told me that whoever does my taxes (TurboTax) does not know what they are doing. She said that I should use the IRS Filing Status tool to determine the correct filing. Well I used it while she kept me on hold and guess what it told me? Yeah, it said that I should use Head of Household.

So apparently the only option that I have is to "write" the IRS explaining what happened. When I do, I should provide something from TurboTax admitting the mistake and take it from there. I am pretty much giving up on this fight. My mom just passed away from Covid two months ago and its not healthy for me to be going through this stress now.

[ThomasM125]

@harryhoudini66 I am sorry to hear of your struggles. I'm not sure what happened to your tax return, but you are correct in that you can be married and file as head of household as long as you lived apart from your spouse for at least the last half of the year.

As far as the dependent situation is concerned, you can file an amended return to correct that and that will allow you to qualify for your stimulus payments. You will see an option for this on your home page when you log into TurboTax.

[harryhoudini66]

Thank you but the IRS agent said that would not fix it. My only option is to write them about the situation. 

It still does not make sense though why having that box checked for my spouse disqualified me. The logic used by their computers for the stimulus check appears to be flawed. 

[harryhoudini66]

@MRizzo  Did you get this resolved as of yet? I am still trying but am not getting anywhere.

TurboTax now has the option to file a 1040x but I dont trust it. 

[MRizzo]

No, sadly I have not. I spoke with the IRS yesterday and the lady said I will have to file an amended return for both years and put in the reason why as "My spouse can NOT be claimed as a dependent." I e-filed the amendment yesterday for 2020 but there's no e-file option for 2019. They told me not to mail it in but there's no option I'm finding otherwise. 

I am in contact with another person on here who filed an amendment last year and had it accepted and all that jazz in December last year. She said her return with the missing stimulus payments are "processing" still, but she'll update me if she gets it.

What a pain in the @$$ this has been. With 0 sympathy from either Turbotax or the IRS.