Tax Fraud - Amended Return

[SaoneFinancial]

Client needs to file 2020 returns to be eligible for 3rd stimulus payment. Their AGI was too high in 2019. Submitted returns yesterday and received error message that the returns have already been received, so a fradulent return has been sent. 

Since filing by mail is taking a year, they will not receive 3rd stimulus payment until next tax season. 

Can I e-file an amended return with a pdf attachment of form 14039 ? Or is snail mail the only option?

[sjrcpa]

You need to do the original return with the 14039 on paper.

You wouldn't be able to efile an amended return since you did not efile the "original" (Fraudulent) return.

[qbteachmt]

"Their AGI was too high in 2019."

That doesn't apply to anything now. You are using the 2020 tax return to reconcile what they got against what they qualify for, because 2020 is the Actuals that matter. There is no Eligibility based on 2019; there were prepayments based on 2019 as a guesstimate to 2020.

[BobKamman]

Read the entire post, it's obvious that 2019 AGI is extraneous and they just mention it to explain why 2020 is important. 

To @SaoneFinancial -- yes, a few returns (both paper and e-filed) are taking up to a year to process, but most are taking more like two months.  This should be a lesson to your clients that procrastination is risky.  My bet is that they had everything they needed for you to prepare the return by February 15.  

[SaoneFinancial]

that is incorrect, taxpayers who have received the 3rd stimulus payment based on 2019 "actuals" but have not filed 2020 returns with an AGI higher than the threshold will not have to return the payment. Also you didn't answer my question. 

[SaoneFinancial]

the client had unemployment income so were unable to file until the waiver was updated. 

[qbteachmt]

This doesn't apply: "taxpayers who have received the 3rd stimulus payment based on 2019 "actuals" but have not filed 2020 returns"

The 2019 data was used for Projection. Don't confuse the EIP and the EITC.

"with an AGI higher than the threshold will not have to return the payment."

You stated your client didn't get the third payment.

"Also you didn't answer my question."

Yes, you got an answer: "You need to do the original return with the 14039 on paper.

You wouldn't be able to efile an amended return since you did not efile the "original" (Fraudulent) return."

Did you not like that answer?

Let's stop bringing into this topic all the other things that did not happen and do not apply. Also, you should Read the info at the links I provided, since they are links to the IRS.

Step 1. Deal with the issue of Fraudulent Return.

The 2021 tax return will be used to reconcile the eligibility of the third stimulus against what the taxpayer already received.

[Terry53029]

@SaoneFinancial if I were you I wouldn't pay @qbteachmt, as he didn't answer your question to your liking. 😁

[abctax55]

@SaoneFinancial - " Also you didn't answer my question. "   Well, you DO get what ya' pay for around here 🤣

@Terry53029  - @qbteachmt may be offended, as "he" is a "she" 😉

[qbteachmt]

Well, it's true that I didn't answer; sjrcpa had already answered. I wonder what happened to my links that I reference I had put here? Hmmm...well, call me anything you want, but don't call me late to dinner.

[Terry53029]

Sorry for the gender error @qbteachmt, And thanks for letting me know @abctax55 

[qbteachmt]

It's not important nowadays.