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Level 3
May 25, 2022
Question

dependent on both parents return

  • May 25, 2022
  • 1 reply
  • 19 views

Mom has 2 children. Parents are not and never have been married. Dad always puts both child dependents on his return. Mom's return has always had 1 of the children on her return listed as a dependent and has never been rejected. For 2021 Dad also puts both children on return and return clearly shows non-qualifying child on Dad's return. Now I submit same dependent on Mom's return and her return rejects (I think because the child Mom claims is on Dad's dependent listing). Is there a way to file Mom's return and it not reject without having to paper file? I was thinking if I said that someone else can claim the dependent (because he is on Dad's return) that maybe the return won't reject. Had another return that I forgot to take off the 2441 form so it rejected even though there was no $ amount stated and once I deleted the form the return accepted.... 

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1 reply

qbteachmt
Level 15
May 25, 2022

Nothing here makes sense. Do you do both parent's returns? You cannot report the same child twice.

You used the word "non-qualifying" but is this for HOH, child care credit, RRC, etc?

Nothing here explains who qualifies for what or which parent tried to claim which provision. You didn't mention if they handled any advance payments correctly, either. Or, if one got money and the other is now trying to claim that as a refundable credit.

You state Mom has 2 children. How many does Dad have? You didn't mention if they all live together, who pays for the household? Marking that a child "can be claimed" is not the same as a child being claimed on two returns.

I recommend using the IRS wizards, one at a time for each adult and work through the provisions:

https://www.irs.gov/help/ita

 

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Sandra1Author
Level 3
May 26, 2022

Mom and Dad had 2 children together but never married. Lived together until 3 years ago (children are 9 and 8). Since the split Mom has always put 1 of the 2 children on her income tax return.Dad puts the other child on his return. For 2021 Dad decides to do his own tax return thru Turbo Tax and puts both children on his return and files head of household (children live with Mom and Dad takes the kids on the weekend). Now that both children are on the Dad's return it is rejecting Mom as she still took the same dependent (which Dad has now put on his return). Dad said child was on the return but he didn't take any of the credits (EIP or CTC). Wrong - Dad got the EIP pmt for the child that is now on Dad's return that Mom normally has on her return. Now Mom cannot file (as her tax return rejected) unless she takes the child off her return. When I wrote this question I thought Dad had just put the second child on his return, but didn't take any credits. He clearly didn't take the CTC as its not marked or calculated on the return but he did get the $1400 recovery payment. Originally, I was thinking that he could just take the child off (since he said he didn't take any of the credits), but this did not turn out to be the case. Dad also claimed HOH and the children live with the MOM full time. As for the Tie Breaker rules Mom would get both children if they can't decide who is claimed on both returns.

Therefore, my original question was if Dad put Mom's dependent on his return, but answered the questions so he didn't get any of the credits or recovery credits and then Mom puts the same dependent on her return but takes the credits would Mom's return still be rejected because the child is still listed on both returns? 

Sandra1Author
Level 3
May 26, 2022

Non-qualifying term I used was not correct. I was tryng to say that on the first page of Dad's return the box is not marked to take the child tax credit and the return did not calculate it. Dad really didn't think he got the recovery credit for the child either. So --- if Dad put a dependent on his return, but the return calculated no credits and then Mom puts the same child on her return would Mom's return still be rejected just because Dad has the child listed as a dependent also?