You should probably claim him as he is not going to qualify for the recovery rebate. He doesn't qualify for the rebate if he can be claimed by you or someone else. It doesn't matter if you actually do claim him or not. If he can be claimed on another return, he has to indicate that on his tax return which will disqualify him from receiving the credit. Dependents are not eligible. You can receive the additional payments of $600 and $500 (recovery rebate) if he qualifies on your return, but only dependents 16 years old (as of 12/31/20) or younger qualify for the credit on your return.
You can claim your son as a Qualifying child if:
- They're related to you.
- They aren't claimed as a dependent by someone else.
- They're a U.S. citizen, resident alien, national, or a Canadian or Mexican resident.
- They aren’t filing a joint return with their spouse.
- They're under the age of 19 (or 24 for full-time students).
- No age limit for permanently and totally disabled children.
- They lived with you for more than half the year (exceptions apply).
- They didn't provide more than half of their own support for the year. You don't have to have provided half of his support, but if he did not provide it with his own funds, you can still claim him.
In order for him to be eligible for the recovery rebate, he has to be able to answer NO to the question - ''Can you be claimed by another taxpayer''. If you can claim him, you should. You won't get the recovery rebate for him if he is over 16, but you will get the $500 Credit for Other Dependents which is better than no credit at all.
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