My mother falsely claimed me as a dependent on her 2019 taxes. What should I do in order to get the EIP payments that are due me?

[dcaturbo0427]

She got the child EIP amount based on the false claim of me as her dependent

[gloriah5200]

If you file a 2019 return claiming your own exemption and she filed her 2019 return claiming you as a dependent, then IRS will audit both returns to determine who is entitled to claim the exemption and adjust the other return to remove the exemption..

Only the first return claiming a specific ssn gets to e-file and the other taxpayer using that same social security number has to file a paper return.

Here are rules to determine who is entitled to claim a dependent exemption:

• Who paid more than half that person's support, including housing, food, clothing and personal needs
• What is the age of the dependent
• amount of income received during the year and how it was used
• whether or not the dependent is a full time student
• marital status of the dependent

Additional information can be found in pub 17, page 28 in table 3-1.

Here is a link to IRS Pub 17

[dcaturbo0427]

I understand the dependent filing requirements.  During 2019 if was 21 and lining on my own. I am not a student.  When I went to file my 2019 taxes electronically with TurboTax, it failed to go through because my mother had already filed her 2019 taxes and falsely claimed me as her dependent. In Feb 2019 during the pandemic I decided not to file a paper return in order to claim myself because it would have delayed my refund.  Based on my income for 2019 this issued did not affect my refund, so  I decided to go ahead and file as though I was being claimed as a dependent on someone else's tax return.  I am asking if anyone knows what I should do to get the EIP payments due me based on these circumstances

[VolvoGirl]

You can still get the Recovery rebate credit on your 2020 return.  Actually if you were over 17 in 2019 she did not get it by claiming you as a dependent.

The Stimulus Checks are really based on your 2020 return we are filing in 2021.  So any amount you already got will be reconciled on your 2020 return line 30.  If you didn't get a Stimulus Check (and qualify) or you qualify for more it will be added to your 2020 return.  But the good news is if they paid you too much they won't take it back.

There will be a screen with 2 boxes for each round.  If you didn't get one enter a 0 in the box.

When you go through the federal review tab it will ask how much you got if any.  Or to enter your stimulus payment in TurboTax, type "stimulus" (without the quotes) in the Search box, then click the link that says "Jump to stimulus."

After you have entered your tax information and are ready for the Federal Review, it will be the first question.

If you are trying to trigger it, you can go to Other Situations, answer any questions and click Done. The next automatic selection is Federal Review and it will ask about payments received.

The Recovery rebate credit is on 1040 line 30.  It either adds to your refund or reduced a tax due.

[Opus 17]

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@dcaturbo0427 wrote:

I understand the dependent filing requirements.  During 2019 if was 21 and lining on my own. I am not a student.  When I went to file my 2019 taxes electronically with TurboTax, it failed to go through because my mother had already filed her 2019 taxes and falsely claimed me as her dependent. In Feb 2019 during the pandemic I decided not to file a paper return in order to claim myself because it would have delayed my refund.  Based on my income for 2019 this issued did not affect my refund, so  I decided to go ahead and file as though I was being claimed as a dependent on someone else's tax return.  I am asking if anyone knows what I should do to get the EIP payments due me based on these circumstances

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Simply file your 2020 tax return.  The stimulus rebate will come up in the Federal Review (after your deductions and before moving on to the state return) or you can manually go to the federal review section at any time.  Also make sure you checked "No" to the question "Can someone else claim you as a dependent" in the personal interview. 

The credit is ultimately calculated based on your 2020 return.  The early payments were basically estimates, created using past year data, so people got paid faster.  If you are due more on your 2020 return, it will be added to your return.