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teh8
Returning Member

1095 loophole

My non-dependent son who we share a 1095 with filed his taxes. When he got to the part asking if he needs to allocate the 1095 to anyone else he mistakenly chose "No." He continued filing (it was accepted) and now it shows he will get a large return. When seeking advice about the mistake, he was told to wait until he received the refund before filing an amendment. My husband and I have not yet filed. I am now reading about a loophole where we could allocate 100% to him and 0% to us and he would get that big refund legitimately. My question is: Since my husband and I have not yet filed, should we just go ahead and claim 0% allocated to us on the 1095 section even though my son's taxes (incorrectly) indicate that he doesn't allocate to another person? Should we file an extension and wait for him to file the amendment on his taxes saying that he does share the 1095 with us at 100% allocation to him and 0% to us? Will the amendment cause any red flags? 

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1 Reply
MaryK4
Expert Alumni

1095 loophole

You do not have to wait until the amendment is made, but if the IRS checks before the amendment is processed, you will receive a letter from them, which is why it is a good idea to wait. 

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