My mom filed my son 2021 but I want to file my own son this following year 2022. Will she be penalized because she received that child tax credit 300$ a month?

[decharaw]

I just want to claim my own son that I take care without hurting my mom with a penalty from that advanced extra money that was received since I am claiming my own child.

[xmasbaby0]

You must mean that your mother claimed your son as a dependent for 2020, since no one has filed a 2021 tax return yet.   The tax returns everyone will soon begin to prepare and file will be for tax year 2021.  If your mother should not/could not claim your child as a dependent for 2021 then she may have to re-pay the advance child tax credit money she received in 2021.   Those payments were an advance on a credit for a 2021 tax return.   

An important issue really is----which one of you can claim your child?   Who supported your child in 2021?   Did your mom support him?   Did he live with you or with your mother?   Or do you all live together?   Can you be claimed as a dependent on your mother's tax return?   If you can be claimed as a dependent then you cannot claim a dependent of your own.

WHO CAN I CLAIM AS A DEPENDENT?

You can claim a child, relative, friend, or fiancé (etc.) as a dependent on your 2021 taxes as long as they meet the following requirements:

Qualifying child

• 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.

Qualifying relative

• They don't have to be related to you (despite the name).
• 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 lived with you the entire year (exceptions apply).
• They made less than $4,300 in 2021.
• You provided more than half of their financial support.

When you add someone as a dependent, we'll ask a series of questions to make sure you can claim them. There may be other tax benefits you can get when you claim a dependent.

Related Information:

• What does "financially support another person" mean?
• What is a "qualifying person" for Head of Household?
• Does a dependent for 2020 have to live with me?
• Do I qualify for Head of Household in 2020?
• Can I claim myself or my spouse as a dependent?

If you can claim your child as your dependent on your own 2021 tax return, then you are the one who will be able to get the full amount of the child tax credit for 2021, and you will be able to get the $1400 3rd stimulus amount for claiming him as well----this is done by using the recovery rebate credit.

[ZTaxPro]

For lower income people you may not have to repay the whole advanced payment.

[KrisD15]

@decharaw

Maybe.

If your mother claimed a dependent on her 2020 Tax Year tax return, and received Advance Child Tax Credit Payments during 2021 for a child she cannot claim as a dependent in 2021, she will need to "Reconcile" for that on her 2021 Tax Year tax return. 

It would not be a "Penalty" it may simply be repayment, meaning she would need to claim at least a portion of the payments as income. Therefor she may owe Federal Income Tax on that amount. 

As "xmasbaby0" points out, there are requirements in place for a Taxpayer to claim someone as their dependent. You and your mother need to go through that list to decide who really has the right to claim the child. If the situation changed during 2021, you and your mother should have updated your tax situations on the IRS website. 

Since 2021 is now (almost) over, and if the situation changed in 2021 regarding the child's dependency, you and your mother will both "reconcile" or "straighten it out" on your 2021 Tax Year return which is what we will be working on in 2022.

If you yourself are not a dependent, and your son IS your dependent, you most likely will receive the Child Tax Credit and your mother will most likely need to claim at least a portion of the payments she received as income. 

Please click this link for more information about Reconciling Your Advance Child Tax Credit Payments

Please click this link for more information about claiming someone as a dependent