Third stimulus check question

[Mamas012511]

I claimed my 24 yr old disabled son on my 2019 tax return. I am now getting disability and no longer file. He filed his 2020 taxes and claimed himself. Because I claimed him in 2019 will I get the third stimulus payment for him being my dependant?? And since he claimed himself on 2020 taxes will he get the third stimulus check of $1400?

[Mamas012511]

Can someone please answer the question?? 

[npierson7 · Accepted solution]

Yes, the IRS most likely will use your 2019 data to determine eligibility for the third stimulus payment, and you should receive payments for both of you. 

[Mamas012511]

Ok so are u saying that he will get the $1400 cause he filed 2020 on his own. And I am also intiltled to the $1400 for myself and $1400 for him cause in 2019 I claimed him. 

[ThomasM125]

It may work that way, but maybe not. When the IRS processes your child's tax return for 2020 they will likely remove him as your dependent. If they had already issued you a stimulus check for him before they processed his tax return, then both of you would end up with a check. 

Otherwise, only he would get it. 

[pholcman]

Will the IRS request the check to be returned?

[JotikaT2]

Probably not.

In the past, they have indicated any stimulus payments sent that were in regards to dependents would not need to be returned.  However the guidance is continually changing.

I recommend reviewing the information in the following page periodically for any updates made by the IRS in regards to the third stimulus payment.

Frequently asked questions regarding stimulus payments

[NCperson]

it does work that way and emphatically NO, they will not ask for it back. LEgally, they can not ask for it back - it's not a 'probably not'.

the stimulus payments were 'advance payments' against 2020 tax return.  Obviously, the IRS didn't know what would be on anyone's 2020 tax return when the 1st two stimulus payments occurred, so they used 2019 tax data (and in some cases 2018) to ESTIMATE what was due each person.

Then, then they are using the ACTUAL 2020 tax return data (income, dependents, etc.) to determine what you are ACTUALLY due.

if what you are ACTUALLY due exceeds what was ESTIMATED, the difference is posted on Line 30 and you get that as a credit. 

if what was ESTIMATED exceeds what you are ACTUALLY due, you are not required to return it and that was specifically in the law Congress passed,  Line 30 will be zero and can NEVER be negative.

If you read through what I wrote for your situation and then again for your son's situation, you'll see that you EACH are getting the stimulus / Recovery credit even though it appears your son is getting the money twice.  But that is the way it works! Congress and the IRS knew it when they passed the law with these rules.