Recovery Rebate and unmarried parents who live together

[taxesbydot]

Mother received the $1400 recovery rebate for herself and $1400 each for the kids. She has claimed the children as dependents up until 2021. Father is claiming both children this year due to tie breaker rules. Is he eligible for the $2800 rebate as well?

[sjrcpa]

Yes, subject to the income limits.

[Accountant-Man]

Stupidly, yes. Morally, no.

I look at it this way: the 1400 is for 2021, not 2020. The money received in 2021, based on 2020, was a PRE PAYMENT for 2021,  not an additional payment. 

I won't do it in a case like yours.

[BobKamman]

Congress told IRS to try to figure out a way to keep that from happening, but then refused to appropriate the money that would be required for that and a lot of other neglected work.  So it must have been the intent all along to allow double credit.  I don't have a DD degree like some people so I avoid moral judgments.  

[qbteachmt]

We've been seeing people comment that the dependent payment made in advance in 2021 against a 2020 tax return (which has the dependents listed) is now being compared to the RRC credit claim on tax returns filed for 2021 and duplicates are being denied. I suspect they are matching for dependent id.

In other words, let the parents fight it out.