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what if my son, who did accidentally check that no one could claim him, amends his return? he has already done so, but can i is go back and claim him
Yes, you can go back and claim him but you will need to mail in your tax return this year.
Your son will also need to amend his return by filing Form 1040X (also by mail). There is a good chance his return will have little or no difference as far as his numbers go - depending on his income, but he should amend the return anyway.
If he used TurboTax to file, he can just sign into his account and choose the option "I need to amend a return that has already been filed and accepted" and follow the prompts.
Last year I claimed my college son as a dependant on my taxes. He had made $8000 so he filed his own return and did check the box that someone else could claim him. He had to pay over $1200 in self employment taxes. Now I am seeing he may not have needed to even file because of his low income even with me taking his deduction. Is this correct? Is there a way to get that money back? Is it ok for him not to file on his own this year with income under 12000 if he filed last year? Thank you.
You have to file an income tax return if your net earnings from self-employment were $400 or more. If your net earnings from self-employment were less than $400, you still have to file an income tax return if you meet any other filing requirement listed in the Form 1040 and 1040-SR instructions PDF.
@Siglerslodge1970 If your son had even $400 of self-employment income he was REQUIRED to file a tax return and pay self-employment tax for Social Security and Medicare.
Do not confuse the rules for W-2 income with self-employment income. The rules are different for self-employment income.
https://ttlc.intuit.com/community/self-employed/help/what-is-the-self-employment-tax/00/25922
https://ttlc.intuit.com/questions/2902389-why-am-i-paying-self-employment-tax
If your son has self-employment income of more than $400 again for 2021 then he must file a 2021 tax return. If he can be claimed as a dependent for 2021 then he must say on his own return that he can be claimed as someone else's dependent.
@Siglerslodge1970 And....remember.....if your son had been a W-2 employee, his employer would have withheld Social Security and Medicare from his paychecks. Your son would not have received a refund for the SS and Medicare withheld from his pay. He would only have been able to seek a refund for the federal tax withheld in box 2 or the state tax withheld in box 17. But he had NO tax, SS or Medicare withheld. That is why he had to pay SE tax. When you are self-employed you pay ALL of the SS and Medicare.
Ok. So I guess we did do the right thing. Thanks so much.
Can you still file if the son doesn't send in the amended return?
If your son filed as independent last year (and shouldn't have), you are correct that he would need to Amend his return.
If he did not do so, then for 2021 it depends on who files first. If you file first and claim him as a dependent, his Efile will reject later.
If he files first and claims himself, your Efile will reject, but you can still mail in your return and claim him as your dependent.
The IRS may contact both of you to determine who filed incorrectly.
Click this link for more info on Claiming a Dependent.
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