Claiming stimulus payment IRS owes me but didn’t work this year

[Julissafitmom]

So i last worked 2019 and IRS owes me for myself and two dependents. My question is I have to file since I got school grants and to claim what IRS owes me. However , my boyfriend who has worked will be claiming my kids for this 2020 filing. Is that possible? If I claim what the IRS owes me and he claims since he supported them for 2020? 

[xmasbaby0]

Unless your BF is also the bio-dad he cannot get stimulus money for claiming your children.  All he "gets" is a $500 credit for other dependents IF he can claim them for that credit.   He cannot use your children to file as Head of Household or get child tax credit or stimulus money.

And....if  he claims them on his tax return you cannot claim them yourself.  They cannot be claimed on two different returns.

Do the children fit the criteria to be his "qualifying relative" dependents--for which he gets a $500 credit?

WHO CAN I CLAIM AS A DEPENDENT?

You can claim a child, relative, friend, fiance (etc.) as a dependent on your 2019 taxes as long as they meet the following requirements:

Qualifying child

• They are related to you.

• They cannot be claimed as a dependent by someone else.

• They are a U.S. citizen, resident alien, national, or a Canadian or   Mexican resident.

• They are not filing a joint return with their spouse.

• They are under the age of 19 (or 24 for full-time students).

• No age limit for permanently and totally disabled children

  •      They live with you for more than half the year (exceptions apply).

Qualifying relative

• They don't have to be related to you (despite the name).

• They cannot be claimed as a dependent by someone else.

• They are a U.S. citizen, resident alien, national, or a Canadian or Mexican resident.

• They are not filing a joint return with their spouse.

• They lived with you the entire year.

• They made less than $4300  (not counting Social Security)

• You provided more than half of their financial support. More info

When you add someone as a dependent, we'll ask a series of questions to make sure you can claim them.

Related Information:

• Does a dependent have to live with me?

• What does "financially support another person" mean?

• Can I claim a newborn baby?

[Julissafitmom]

That’s why I’m confused because the IRS sent my money to a closed account and so they owe me the 1,800. I didn’t work this year so my BF was going to claim them. Bio dad does not have legal right to claim the kids I do. 

[xmasbaby0]

None of "the IRS owes it to me" matters if you let your BF claim the kids.  Your children cannot be claimed on two 2020 tax returns.    If you let BF claim them, you lose.  He will get a small tax credit to lower his own tax bill and you will get no stimulus money for the kids.  None.

[Julissafitmom]

Right. So it’s confusing for those who had closed accounts or errors with their stimulus. There’s no way to claim that back if we didn’t work. Thank you 

[xmasbaby0]

If your money went to a closed account  they will eventually mail you a check.   Or if they do not do that then you use the recovery rebate credit on your 2020 tax return.  The stimulus money was an advance on a credit you get on the 2020 return.   If you did not receive any of it, you can get it ALL as part of your 2020 tax refund.  Your part and the children's part.  

 And you did not have to work in order to claim it.  You are confused and I worry that you are about to make a an expensive mistake if you agree to let your BF claim your children.

https://www.irs.gov/newsroom/economic-impact-payment-information-center-topic-j-reconciling-on-your-...

The stimulus check is an advance on a credit you can receive on your 2020 tax return.  If something went wrong or you did not get the stimulus check in 2020, you can get it when you file your 2020 return in early 2021

The Recovery Rebate Credit will be found in the Federal Review section,  If you are eligible it will end up on line 30 of your 2020 Form 1040.

https://www.irs.gov/coronavirus/coronavirus-tax-relief-and-economic-impact-payments-for-individuals-...

https://ttlc.intuit.com/community/tax-topics/help/how-will-the-stimulus-package-impact-me/00/1393859

[Julissafitmom]

Right. I just went to school this year and he provided everything for us. The stimulus was very much needed for debt etc. So when they sent it to a closed account and we couldn’t update it .. really hurt . So I’m like how can I claim what they bounced back if you only worked and deserve to claim the Kids. So it’s I let the stimulus go and allow him to get the tax break that either way is legal we all live in same household. He is the dad (just not bio). 

[Rcampos55]

How can i get a stimulus if i didn't work?

[xmasbaby0]

@Rcampos55 Are you claimed as a dependent on anyone else's tax return?   You say you did not work----what income -- if any-- did you have in 2020?