I have 19 yr old who had no income in 2020. If I don't claim him as a dependent, can he file a return and be eligible for the stimulus check? Or does he have to have an income to qualify?
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If you don't claim him as a dependent in 2020, he is eligible for the first two stimulus payments and also for the third stimulus, even if he had no income in 2020.
He can claim the first two stimulus payments as the Recovery Rebate credit by filing a 2020 tax return.
Even if he did not have any income in 2020, he can use the free edition of TurboTax Online to prepare and e-file his tax return in order to claim the stimulus payments known as the Recovery Rebate credit. The federal return will file as usual and will not be rejected. Any state return should be removed, as there will not be a state filing requirement.
As for the third stimulus, he will get later in the year when the IRS has processed his 2020 tax return.
that approach will not work. Here is why:
as the taxpayer, you always have the option to claim or not claim your dependent. the IRS does not care.
HOWEVER,
when the "dependent" files his tax return he is ask CAN someone claim him? it does not ask DID someone claim him. See the difference? he will have to answer "yes, someone CAN claim him"; the fact that you don't claim him is not important.
If he CAN be claimed, he is not eligible for the stimulus.
the issue is not whether he has income to qualify for the stimulus, the issue is he CAN be claimed as a dependent.
A person does not need income to file a return and claim the rebates.
However, if a person qualifies to be claimed as a dependent, they must answer "yes, I can be claimed as a dependent" even if the person who could claim them, doesn't want to claim them. Answering "yes" will disqualify them from the rebate. If they falsely answer "no, I can't be claimed as a dependent" to get the rebate, that may be considered tax fraud, although no one knows how much effort the IRS will put into enforcing the issue. The IRS has 3 years to audit all returns and 6 years in the case of fraud.
The round 3 payment does not have an age limit on dependents, if you claim your child as a dependent for 2020, you will get the round 3 payment for them.
Your 19 year old child who is not a full time student can be claimed by you as a dependent if,
a. you paid more than half their support
b. they have less than $4300 of taxable income.
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