Advanced child tax credit repayment

[ehill]

Based on the reading of the IRS repayment protection as follows:  

"A5. You qualify for full repayment protection and won’t need to repay any excess amount of your advance Child Tax Credit payments if your main home was in the United States for more than half of 2021 and your modified adjusted gross income (AGI) for 2021 is at or below the following amount based on the filing status on your 2021 tax return"  Client qualifies under the income requirements.

Here is the issue:  Husband and Wife had been filing jointly, but separated and living apart.  The tax credit payments for both went into their joint checking account.  This year filing separately, Wife filing as HOH as result of not living together for last year (Husband) now in jail.  Filed and claimed the full amount of the child tax credit for both parties (as she actually got it).  As a result she should not really have gotten her 2nd half of the child tax credit.  

Refund comes with her second half of the child tax credit, meaning paid more than the refund should have been.  Technically I guess this might be correct but it does not seem like it should.  Told her not to spend the money right away.  Waiting for a letter from the IRS?

More I think about it, it seems like it is possible, am I missing something?

[dkh]

Husband and wife should have each received a 6419 letter with half of the total ACTC issued.  If they did not file a joint return in 2021, each should have reported on their tax return only the amount from their respective 6419 letters.  So yes, it possible for the wife to receive additional child tax credit on her return.

IRS has lots of information available  https://www.irs.gov/credits-deductions/2021-child-tax-credit-and-advance-child-tax-credit-payments-f...