We received the tax relief of 2800 and it ask what did we get and I put 2800 but it says we still get a tax relief recovery credit. How?

[coptab]

we are claiming our sons and they each filed their own taxes last yr and received their own  tax relief recovery credit and they received their 3rd tax relief payment too.   But on our taxes it is wanting to add the 2800 for the recovery tax credit.

[VolvoGirl]

If you are claiming them this year then you DO get it now.  It is really based on 2021.  And they don't have to pay theirs back.   The IRS just used 2020 returns to send the checks out fast.

But why did they file their own returns last year and claimed themselves?  Why couldn't you  claim them last year but can claim them now?  They might have filed 2020 wrong.

[coptab]

They filed on their own last yr to get their tax relief credit because we did not get the tax for them because they were over the 18 yrs so they had to file to get their tax recovery credit since they did not get during the yr. Therefore, they filed and received it and than they received their 3rd payment themselves.

[VolvoGirl]

Yeah but they might have really been your dependents.  They might have filed WRONG.   You probably needed to claim them last year.   All of you probably need to amend.   

This is for 2021 but is similar for 2020.   

Who can I claim as a dependent?

https://ttlc.intuit.com/community/credits-and-deductions/help/who-can-i-claim-as-my-dependent/00/267...

Who you can claim article

https://turbotax.intuit.com/tax-tips/family/rules-for-claiming-a-dependent-on-your-tax-return/L8LODb...

[coptab]

The tax preparer 

[VolvoGirl]

I didn't follow that.  Are you sure you couldnt claim them last year?  Then why can you claim them again this year?

Even if you didn't claim them last year they might have to say they CAN  be claimed.   

Here are the rules for claiming a dependent.  Did they qualify as your dependent?

https://ttlc.intuit.com/community/credits-and-deductions/help/who-can-i-claim-as-my-dependent/00/267...

[coptab]

They were 18yrs and  we could not the tax stimulus for them because they were over the age of 17yrs. The tax preparer suggest that we let them claim their self at the end of year  and get the tax recovery credit were they could not get the stimulus during the yr. 

[VolvoGirl]

But that was probably wrong advise.    If they qualify as your dependent they have to say they CAN be claimed as a dependent even if you don't actually claim them.   If they were under 19 on December 31, 2020 they qualify as dependents no matter how much income they made.    They don't get a choice.   And if they have any unearned income like investments that gets taxed at the parents rate.   If you say no you are not a dependent, It might be tax fraud.

When you have to answer yes you are a dependent

https://ttlc.intuit.com/community/dependents/help/when-do-i-have-to-answer-yes-to-being-claimed-as-a...