I am 25, I live with my parents. Is it legal for me to claim stimulus money? Can I just ask them not to put me on as dependant for '19 and fill out 'non filers form'?

[NCperson]

the issue is CAN YOU be claimed as a dependent by your parents, not WERE you claimed by your parents.  there is a difference! 

if you CAN BE claimed as a dependent, you are not eligible for stimulus.

So let's figure this out: 

these questions are from your parents point of view: 

1. The person either (a) must be related to you or (b) must live with you all year as a member of your household. (you already stated you meet this test)
2. The person's gross taxable income for the year must be less than $4,200 in 2019.
3. You must provide more than half of the person's total support for the year.
4. The person must be a U.S. citizen, U.S. resident alien, U.S. national, or a resident of Canada or Mexico.

if you meet ALL FOUR of these tests, you CAN BE claimed as a dependent on your parents tax return and are not eligible for the stimulus.

if you FAIL to meet ANY ONE of these tests, you CAN NOT be claimed as a dependent on your parents tax return.  You may want to ask them why they are claiming you.  If this is the case, please respond and i can provide suggested 'next steps'. 

[ezzy211]

Thank you for your response!

Yes I do meet all four points. 

They are claiming me because they get $500 refund by filing me as a dependant. They didn't file taxes yet for 2019, so I want to know if they don't file me as a dependant does that mean I can get EIP? (We wouldn't want to lose the $500 refund if I wont get EIP)

Copied from Non Filers form: https://www.freefilefillableforms.com/

• (Check box) Someone can claim:       You as a dependent           Your spouse as a dependent

then it says this under

• If someone else claimed you on their tax return you will not be eligible for the Economic Impact Payment.

It seems to me, I am only not eligible if I am subsequently claimed as a dependent not just because I can be claimed.

Is this correct?

[NCperson]

the issue is not whether you parents decide to claim you, it is CAN THEY claim you - there is a difference.

They always have to option not to claim you, but that doesn't change the fact that they CAN claim you! 

does that make sense? 

the question the IRS asks (look at the tax form) is CAN you be claimed by someone else.  It purposely doesn't ask "were you claimed".  And since the answer is "yes" you CAN BE claimed, you are not eligible for the stimulus even if your parents decide not to claim you.  

and the burden is on you, meaning if you don't check the box, it would be a form of defrauding the IRS because you know you CAN be claimed!  

good luck! 

[ezzy211]

I would Check the box that I can be claimed. The "CAN file" and the next line that says, only "if someone CLAIMED" then I am not eligible, Seems contradictory! 

[NCperson]

here are the rules for the stimulus from the IRS FAQs 

A1.  You may be eligible to receive a Payment if you:

• Are a U.S. citizen or U.S. resident alien;
• Cannot be claimed as a dependent on someone else’s return;
• Have a Social Security number (SSN) that is valid for employment (valid SSN); and
• Exception: If either spouse is a member of the U.S. Armed Forces at any time during the taxable year, then only one spouse needs to have a valid SSN
• Have adjusted gross income below an amount based on your filing status and the number of your qualifying children.