Claiming dependents

[Chachito]

I filed HoH without claiming my son as a dependent, but form EIC (1040) was filed with his information. Does this affect the other parent from claiming him as a dependent?

[MaryK4 · Accepted solution]

No, if your son LIVED with you in 2020, you can qualify for the Earned Income Credit and the other parent can claim him as dependent in the same tax year.

[Chachito]

So ultimately this would prevent them from claiming a dependent and EIC correct?

[CatinaT1]

They can claim the dependent and child tax credit.  The filing status and earned income credit stay with the parent the child lived with for more than 6 months out of the year.

[vmhoffmann1948]

I filed 2019 taxes but didn't claim my four grandchildren that I have legal custody of and providing more than 50% of their expenses. How can I file an amendment? Or is it too late?

[DoninGA]

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@vmhoffmann1948 wrote:

I filed 2019 taxes but didn't claim my four grandchildren that I have legal custody of and providing more than 50% of their expenses. How can I file an amendment? Or is it too late?

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A 2019 amended tax return can be filed at any time on or before April 15, 2023.

A 2019 amended tax return can only be printed and mailed, it cannot be e-filed.

See this TurboTax support FAQ for amending a 2019 tax return originally filed and completed using TurboTax - https://ttlc.intuit.com/community/amending/help/how-do-i-amend-my-turbotax-online-return/01/27577

[xmasbaby0]

You can still amend your 2019 return to claim the dependents if they qualify as your dependents.   Were they claimed on anyone else's return?  If so, you can claim them but also expect that the IRS will follow up at a later time to sort out who could claim them and you will need to show that you provided over half their support.

Select your tax year for amending instructions:

• 2020
• 2019
• 2018
• 2017

     What does it mean to "amend" a return?

·         Do I Need to Amend my Tax Return?

Even during “normal” times it takes about four months for the IRS to process an amended return.  During the pandemic and due to the severe backlog at the IRS it is taking much longer—six months or more for many amended returns.  Do not expect quick results from amending.  When the IRS issues a refund for an amended return it will be by check.  They do not make direct deposits for refunds for amended returns.  You can watch for information here:

https://www.irs.gov/Filing/Individuals/Amended-Returns-(Form-1040-X)/Wheres-My-Amended-Return-1

WHO CAN I CLAIM AS A DEPENDENT?

You can claim a child, relative, friend, fiance (etc.) as a dependent on your 2020 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?

To claim a grandchild as your dependent

When you enter the child’s name in My Info, you will be asked “What’s your relationship to  [child’s name]?”  

           Choose “another person”

            a drop down menu will appear that lets you choose grandchild

[cflores1273]

I am filing HoH, 2 college children live with me and have part time jobs. Can i still claim them to get EIC, while they file their taxes as well?

[xmasbaby0]

Are they full-time students?   If they are full-time students under the age of 24 they can still be qualifying children that you can claim on your own return.

MY DEPENDENT HAD A JOB

If your dependent has a W-2 for his after-school job, summer job, etc. you do not include the information on your own return. You can still claim your child as a dependent on your own return.  He/she can file his own return for a refund of some of his withheld wages (he won’t get back anything for Social Security or Medicare), but MUST indicate on it that he can be claimed as a dependent on someone else’s return.  (Supervise this closely or prepare it for him!)

If your dependent’s earnings were over $400 and were reported on a 1099Misc or 1099NEC then he must file a return and pay self-employment tax for Social Security and Medicare.

You might also want to use free software from the IRS Free File versions:

https://apps.irs.gov/app/freeFile/