Ex listed"$0" in box 4childcare costs. My return was rejected b/c I listed costs. Ex amended rtrn, with box empty. when can i resubmit with acceptance?

[brichards416]

The error is F2441-526. he has removed the "$0" from the box and his amended return has been accepted. How long do I have to wait before mine will be accepted? I have tried to resubmit and it gets rejected.

[xmasbaby0 · Accepted solution]

It sounds like what really happened is that your "ex" claimed your child as a dependent.  So you cannot e-file---- and e-filing is closing down for 2019 returns anyhow.  If your child's SSN was on his return for 2019 that has made e-filing impossible for you this year.   Your own return has to be printed, signed and mailed.  There is no reason to wait for his return to be amended.  The IRS will process your mailed return that claims your child and the childcare costs if you are the custodial parent.  Only the custodial parent can get the childcare credit.

Are you the custodial parent?  Do you have an agreement with the other parent to allow the other parent to claim them--due to divorce or that you live apart and share custody?  Did one of you sign a Form 8332?

If there is a signed 8332 then the custodial parent retains the right to file as Head of Household, get earned income credit and the childcare credit + education credits if the child is a full-time college student.  The non-custodial parent gets the child tax credit for children under the age of 17.

As far as the IRS is concerned, the custodial parent is the one with whom the child spent the most nights during the tax year--at least 183 nights.

When you mail a tax return, you need to attach any documents showing tax withheld, such as your W-2’s or any 1099’s.  Use a mailing service that will track it, such as UPS or certified mail so you will know the IRS/state received the return.

Federal and state returns must be in separate envelopes and they are mailed to different addresses.  Read the mailing instructions that print with your tax return carefully so you mail them to the right addresses.

[Opus 17]

Your ex can't claim any dependent care credit unless they claimed the child physically lived in their home more than half the nights of the year, regardless of who technically has custody.  This will block you from claiming the child as a dependent.  Even if your ex immediately files an amended return, it won't clear the e-file block to allow you to e-file.  Print your return and file by mail as soon as you are ready.

Note that if the child lived in your home, your ex can't claim the child as a dependent at all unless you give your ex a signed form 8332.  This allows them to claim the tax credit only, and they have to indicate in their tax program that the child does not live with them and they did receive a form 8332 from the other parent.  It probably is not enough for your ex to remove the dependent care credit, they will have to delete the child entirely unless you give them a signed form 8332.  

And if you did give the other parent a signed form 8332 to allow them to claim the child as a dependent, you must make sure you indicate that in your tax return, otherwise you may be getting an improper credit that will cause the IRS to launch an investigation.