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Is there a way to override the Recovery rebate credit to not allow one?

wendijaclene
Level 1
My client's ex-husband received the funds for their daughter.  She is now claiming their daughter but she shouldn't get the credit.  I need to remove the credit that she is getting.
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3 Replies 3
sjrcpa
Level 15

She is entitled to the credit, based on her 2020 income and dependent. The ex got an advance that he does not have to repay.


ex-AllStar
abctax55
Level 15

".....but she shouldn't get the credit."

But, you are wrong as that is not what the law says.

 

(I wanna be a member of the pot stirring club too)
qbteachmt
Level 15

"She is now claiming their daughter"

And that's all that matters.

Perhaps it would help to review what is really happening:

The funds were paid out as Advanced payment against a projection. The projection used 2018 or 2019 tax returns. But 2020 is the Actuals. You use the 2020 return to reconcile what a person is entitled to, against what they got.

You might want to bookmark these links and read the IRS guidance.

Interactive wizards portal for determining dependency:

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

And:

https://www.irs.gov/newsroom/economic-impact-payment-information-center-topic-a-eip-eligibility

https://www.irs.gov/coronavirus/second-eip-faqs#Eligibility

One for each EIP.

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