My return has been rejected but I paid all his expenses; may I still claim him? My dependent filed a tax return (without discussing with me) but he only earned $3297.

[sharriboyett]

my son is a college student, lives at home, age 23 in 2019

[xmasbaby0 · Accepted solution]

MY DEPENDENT SAID HE COULD NOT BE CLAIMED

Your dependent filed a return without saying he could be claimed on your return and your return was rejected?  AFTER his return has been fully processed and he has received his refund, he has to file an amended return that says he can be claimed as a dependent on someone else’s return.  Amended returns (form 1040X) have to be printed and mailed.  They cannot be e-filed; it takes the IRS  months to process them.  Meanwhile, since your e-filed return has been rejected, you now have to print and mail it in to the IRS.  You will not be able to e-file. You do not have to wait for your dependent’s amended return to be processed.  Remember that when you mail a return, you need to include copies of your W-2, etc. with your return.

For your dependent:

How do I amend my 2019 TurboTax Online return?

[fanfare]

are you eligible for tuition and education credits?

If not , it's better that you don't claim him so he can get the stimulus payment No 1 and possibly No 2.

[Critter-3]

If he CAN be claimed as a dependent, even if he is NOT claimed, he still cannot claim himself to get the stimulus check ... that would be tax  fraud.  

[fanfare]

He already did file that way.

[Carl]

The dependent needs file an amended return to change their status to, they CAN be claimed as a dependent. To not file the amended return would be tax fraud, plain and simple. An amended return can not be e-filed. The IRS says so. An amended return has to be printed, signed and mailed to the IRS.

As for your return, since your dependent incorrectly filed already, the IRS computers already have their SSN marked as "claimed" for the tax year. When your dependent amends their return that will *NOT* change the status of their SSN in the IRS computers. So you have *NO* *CHOICE* but to print, sign and mail your return to the IRS. You will *NOT* be able to e-file your 2019 tax return. Not ever.

Thw things going on here that will delay any refund you may be due.

1) because of the pandemic shutdown the IRS is *NOT* processing mailed returns of any type at this time and they have *NOT* given even the slightest hint of when they will start doing so.

2) For your son, amended returns can take anywhere from 8-12 weeks to process since they have to be processed by hand, by a human. But due to item 1) above, there's no telling when that will actually happen.

Now the IRS has announced that "in the near future" they will implement an ability to e-file amended returns. But again, because of item 1) above, the definition of "near future" is questionable and it's a good bet that e-filing a 2019 amended return *will* *not* *happen* most likely.

https://www.irs.gov/newsroom/irs-announces-form-1040-x-electronic-filing-options-coming-this-summer-...

[fanfare]

Tax fraud must be intentional.

A common mistake, e.g. getting the dependent exemption wrong, is not tax fraud.

[Carl]

Tax fraud must be intentional.

Filing a tax return and claiming that you can't be claimed as a dependent when you know you can, for the purpose of qualifying for the stimulus payment, is fraud any way you look at it.