Son and girlfriend had child in 2020....she made under $4300...he can claim but will she have to repay first two stimulus checks received.

[petemicol]

My son and his girlfriend had a baby in 2020. Prior to 2020 she made over $4,300, so she received the $1,200 and $600 Stimulus checks as she was not anyone's dependent. Now in 2020, she only worked a short time and made under $4,300 for 2020.  My son supported her this year, and she lived with him the entire year. I know he can claim her as a dependent, but if he does that will she have to repay the $1,200 and $600 stimulus checks she received in early 2020 and just recently? Also, the third payment ($1,400) coming out I think all dependents also get so would that go to her would my son get it for her as she is technically his "dependent". They gain $500 if he claims her as a dependent, but they don't want to do that if she has to repay her first two stimulus amounts or loses out on the next stimulus check just passed.

[LenaH]

No. She will not be required to pay back her stimulus payments if, based on her 2020 tax return, she no longer qualifies for the amount she received. 

Since the third stimulus payment is not technically enacted into law, it is unknown whether or not dependents will qualify. Clear direction and tax advice on that cannot be given until it becomes a law. 

However, it might be best for both of them to wait to file their 2020 returns, so any law that does pass will be based on 2019 tax data. 

[Bsch4477]

Yes he can claim her and no she will not have to return the stimulus payments she got in 2019. And yes he will get any stimulus for her this year that she qualifies for. 

[petemicol]

Thanks.....we were thinking of filing sooner versus later so he'd get the 3rd payment for his dependent baby. If the stimulus payment comes before he files, will he have to wait until next tax season before he can receive stimulus #3 for his baby since it would be based on his 2019 return yet but had a baby in 2020?