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New Member
posted Aug 14, 2021 8:01:31 PM

The amended return is calculating unemployment credit twince, since we live in a community property. We only received one unemployment compensation. Is it correct?

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Level 15
Aug 14, 2021 8:32:43 PM

yes, it is. being in a CPS the tax laws treats each spouse as receiving 1/2 the UC the other spouse received. thus a married couple in a CPS where only one spouse receives UC receives an exclusion as if each had gotten 1/2 the total UC.  by the way, the IRS does not want an amended return for the UC exclusion. they'll calculate the refund. the exception is if you are entitled to certain credits or deductions (such as itemized deductions because originally your income was too high)  you didn't claim at all on the original return. 

3 Replies
Level 15
Aug 14, 2021 8:32:43 PM

yes, it is. being in a CPS the tax laws treats each spouse as receiving 1/2 the UC the other spouse received. thus a married couple in a CPS where only one spouse receives UC receives an exclusion as if each had gotten 1/2 the total UC.  by the way, the IRS does not want an amended return for the UC exclusion. they'll calculate the refund. the exception is if you are entitled to certain credits or deductions (such as itemized deductions because originally your income was too high)  you didn't claim at all on the original return. 

New Member
Aug 14, 2021 8:49:17 PM

We received our "correction" refund from the IRS. They gave us a $500 refund, but Turbo Tax says a refund of $4100 is what we should receive. I don't believe the IRS calculated us being in a community property, also $1900 of the new Turbo Tax $4100 refund would be EIC credit. We were not able to claim the credit previously. I am not feeling confident about amending amount, and I don't want any trouble in the future. 

New Member
Aug 14, 2021 9:30:59 PM

I wanted to say thank you for your reply! You were absolutely right. After your reply,  I went and checked our transcripts on the IRS website, and it shows the IRS recalculating our taxable income as exactly what TurboTax now calculates our taxable income is with two unemployment credits. So I now am confident we can amend our tax return through turbotax, and it will be correct.