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

wendijaclene
Level 2
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 Comments 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.

 

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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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