Advanced child tax credit other parent claiming

[Slempke95]

My boyfriend and I have a daughter together. 
I am usually the one who files as head of household and claims her. But things have changed with me unemployed now and Covid/child credits.

I received the advanced child tax payments for her in 2021 since I claimed her in 2020.

But for filing the 2021 taxes it seems to be better for my boyfriend to claim her.  Even though our household received the credits (me), does he still say he did not get anything? Would we somehow be flagged for this? Would we have to pay back the credits I received already, or be in a world of problems with 2022 taxes? 

[JillS56]

The problem is that you are the one on record for receiving the advanced child tax credit for 2021.   You will have to report that you received the advanced child tax credit but if your daughter is not listed as the dependent then you will have to pay back the advanced child tax credit that you received.   He will receive the full amount of the advanced/refundable child tax credit.  

The payments that have been made are associated with your social security number and your daughter's social security number.   Your boyfriend cannot claim what you received.   

You might want to look at whether or not your boyfriend will really get that much more by claiming your daughter.   Will the amount he benefits from claiming your daughter be more than you not claiming your daughter and paying back the advanced child tax payments you received.

[Slempke95 · Accepted solution]

I have no problem stating that I received the money. Would I still have to pay it back even though I only made $10k last year? 
I thought I saw something that I wouldn’t have to?…

As it stands, him filing without claiming her he would owe $1400+. I’m pretty sure his w4 was entered incorrectly. He was listed as head of household with 2 exemptions (child and dependent). Even though he cannot claim me and we only have one child. (And there is no one else he is responsible for).

thank you for clarifying that he cannot claim what I have received. It makes total sense when I think of it as ssn linked. 

[JamesG1]

You may not have to pay the advance payments back.  See this IRS FAQ QH5

A5. You qualify for full repayment protection and won’t need to repay any excess amount of your advance Child Tax Credit payments if your main home was in the United States for more than half of 2021 and your modified adjusted gross income (AGI) for 2021 is at or below the following amount based on the filing status on your 2021 tax return:

• $60,000 if you are married and filing a joint return or if filing as a qualifying widow or widower;
• $50,000 if you are filing as head of household; and
• $40,000 if you are a single filer or are married and filing a separate return.

Your repayment protection may be limited if your modified AGI exceeds these amounts or your main home was not in the United States for more than half of 2021.