Skip to main content
Level 4
February 11, 2022
Question

Advanced Child Credit received - no filing requirement in 2021

  • February 11, 2022
  • 2 replies
  • 0 views

Client is filed single, no dependents in 2020. His fiance, mother of their child filed a return last year (head of household, claimed their child) - They both used TurboTax.

(I believe they did that incorrectly, as under the tie breaker rules, he should've been the one filing HOH and claiming the child, but I don't think they want to amend, and will likely not understand, in fact, I may just tell them to go elsewhere, lol)

This year, the girlfriend did not work, and boyfriend provided all support. Great - he can file HOH, claim the child, and also claim her as an Other Dependent.

She received advance of child credit.  At first I was thinking - well, I'll just input that amount as having been received by the tax payer, and shazaam, everything will be just fine. Then my brain engaged - I don't think that will work (nor is it the correct thing to do).  

Is the correct thing to do, have the BF file HOH, claim the child, and the GF as Other Dependent and then list 0 as being advanced to HIM? Then he gets the full credit on his return - and SHE needs to return the advance of her credit, as she was not entitled to it?

How do I get that advance sent back to the IRS on her behalf (I will also look this up, but I was just wondering if anyone else has dealt with this). Do I file a return on her behalf, with no income (well a couple dollars of interest income so that can be efiled) with her not claiming the child, so that it shows she needs to send the advance back?  

Have I mentioned that I HATE these advances? Had a client call me on Sunday RANTING that she received received the advance and used it for "household expenses", and now that money was gone, as somehow I was responsible for that.

 

 

This topic has been closed for replies.

2 replies

Level 10
February 11, 2022

Rule#1 -  I may just tell them to go elsewhere, lol

May be the best idea yet!

Question, Does correcting / amending the 2020 returns have any financial impact? If yes and they are unwilling to make the correction, they are not the kind of client I want to be working with, consequently - Rule #1.

 

You would file his return irrespective to any ACTC she received, but I would only prepare that so long as she agrees to file a return for her (paper if the efile won't work due to no income) showing that she has to repay the advances.  If that doesn't work - Back to rule #1

With all the time you are spending researching this and thinking about it your not making any money off of them anyway, why take on clients that as soon as they sit down they start pulling red flag's out of every pocket and their ears? Life is too short.

 

plrrazAuthor
Level 4
February 11, 2022

Yeah, the more I think about it, the more I may tell them to go elsewhere - she only made 12k and got a huge Earned Income Credit - the BF made 70k, so yeah - they did their respective 2020 returns incorrectly.

They are not going to understand they did things wrong - I may ask if they lived apart in 2020....she with the child and he somewhere else, but there is a reason we fill out those due diligence checklists...

btw, I saw someone on one of these forums talk about "choosing" who could claim HOH without mentioning the tie breaker rules - I thought to myself "wut? Did something change" and went down that rabbit hole looking to see what I missed.

taxiowa
Level 8
February 11, 2022

The only thing incorrect about 2020 tax return is that the mother probably should not have claimed head of household.  Two unmarried parents can agree to let the lower income parent claim EIC and dependency which they did in 2020.  But I doubt her making 12K and him 70K allows her to claim she paid for the household.

As far as 2021 is concerned, she does not have to pay any back because she made less than 40K.  He is entitled to the full CTC amount as he did not receive anything early.

sjrcpa
Level 15
February 11, 2022

If she was low income in 2020 the difference between HOH and Single tax might be zero, too.

The more I know the more I don’t know.