MFS to duplicate Recovery rebate credit?

[DLP]

MFJ with2 kids correctly receives $5,600 in economic impact payment during 2021.  Taxpayer and spouse receive Letter 6475 reporting $2,800 to each.  Can couple file separately in 2021, taxpayer claims both children and receive the$1,400 again by claiming the child that was reported to the spouse via the Letter 6475?  How are others handling this?  Looks possible, maybe unethical?

Thanks for responses - apologize if this is a duplicate question.

[abctax55 · Accepted solution]

Technically, allowed.

The IRS was supposed to close that loophole; they haven't.  Yet.  And if/when they do - it could be retroactive.  Or not.

[IRonMaN]

The freeway may be open for that route, but I don't think I will be driving there.

[abctax55]

@IRonMaN  - Not even in the slow lane...

[DLP]

Thanks for response.  Saw it yesterday on a client when doing MFS analysis for another purpose and thought that can't be right.  Not to mention it would add considerable time to each return to factor that in to the tax return.  Thanks to you both and best wishes for the balance of the season!