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Level 3

Solved

Stimulus overpayment?

18 replies
121 views

Got $2900 stimulus for myself, wife, and 16 YO daughter. My daughter filed her own taxes and received a $1200 check. Dependent boxes were properly checked on each return. What should I do?

NCpersonAnswer

Level 15

But my daughter is our dependent on our joint return and she filed her own return with the boxes for being a dependent AND being claimed as such on our return but the IRS missed this box. So the way I read it she's not eligible for her own payment. Also we had to amend her return because according to the IRS she was claimed on both returns (hers and ours). I re checked our copy of her return and the box was checked.

Do you still think I should not send the payments back? I'm good with waiting to be asked to return it. This has been all so confusing.

1) you are permitted to claim your daughter under certain circumstances. Those circumstances can get quite complicated so best just to run your specific scenario through this IRS Tool. That will end any and all confusion whether your daughter is your dependent or not.

https://www.irs.gov/help/ita/whom-may-i-claim-as-a-dependent

2) Taxpayers are eligible to RECEIVE stimulus; dependents do not RECEIVE stimulus. if the tool above states your daughter is NOT a dependent, then she is a taxpayer and entitled to the stimulus. if the tool says she is a DEPENDENT, YOU are entitled to the stimulus.

Can we start there? please post back the result of the IRS tool; it'll make resolving any confusion and what you really need to do much, much easier. You may be unintentionally complicating matter.

fanfare

Level 15

IRS has stated it will not ask for mistaken payments back.

If it bothers you, you can write a check to "US Treasury", put "for US Debt" in the memo field.

docatl

Level 2

We have not received $1400.00 payment and it has been over 2 months and have not received tax refund. Any suggestions?

JotikaT2

Alumni - Expert

The IRS is issuing the third stimulus payments based upon the latest information they have on file for you.

Please see the links below for more information from the IRS

Link to check your third stimulus payment

FAQs for Stimulus payments

@docatl

**Say "Thanks" by clicking the thumb icon in a post. **Mark the post that answers your question by clicking on "Mark as Best Answer"

NCperson

Level 15

@JoandJerry

on your daughter's return, there is a question that is asked if she CAN be claimed by someone else. Can you verify if that was checked? Someone can claim "you as a dependent" should have been checked, See snippet below:

doing the right thing would be returning the $1200 to the IRS. She can simply write void on the IRS check (or it was direct deposit make a check out to the US TREASURY) and add a brief note explaining the situation.

then mail to the address from the link below, it is state dependent.

https://www.irs.gov/filing/where-to-file-paper-tax-returns-with-or-without-a-payment

thanks!

JoandJerryAuthor

Level 3

The "can be claimed" box was checked. I always keep a copy and verified that it was checked.

NCperson

Level 15

@JoandJerry - very odd.

it's an IRS error and I would still encourage doing the right thing and return the payment. I can see no reason why under the rules someone who is a dependent on someone else's return received $1200.

sandstromsc

Level 2

For 2019, I had claimed my son as a dependent. For 2020, he was not a dependent. Since I had not yet turned in my 2020 taxes, they based my third stimulus check on 2019 and sent me $2800, $1400 for myself and $1400 for my son. My son had already filed his 2020 taxes, so they based his stimulus check off that and sent him $1400. Even my accountant hasn't figured out yet what to do with the extra $1400 I got. He just said not to spend it while he looks into it. I know it's not mine and I'm not even going to pretend that they won't come after it eventually.

JoandJerryAuthor

Level 3

I think you'll be able to keep the 2800. I read that section of the latest bill (before it was passed) and because of the timing the IRS was to use the latest return they had on file and if things changed (like in your case) they can not ask for the money back. I do not know about the 1400 payment that your son received. I think he'll be able to keep it but I don't remember what the bill said about your situation. I'm sure your accountant will sort it out.

In my case the IRS didn't see the little box checked on my daughters return that she was claimed on my return. In my case I will need to send the money back because she should not have received the 2 payments in 2020 because she was a dependent on my return.

JoannaB2

Alumni - Intuit

The EIP (Economic Impact Payment) or stimulus payments are non-taxable.

None of the three stimulus checks are considered taxable income. They won’t reduce your refund or increase what you owe when you file your taxes this year or next.

You may hold to the check and call the IRS. You may access the Taxpayer's Advocate website for help.