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Should I send in my child's other parent's 1040X amended return that shows I can now claim child since they will process mine before his amended return?

Forum|Forum|7 years ago
June 4, 2019
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Both parents are unmarried and live together. I was going to claim the child as a dependent, and father took Head of Household and EIC. We found we could not separate the child on taxes after the father sent his tax return in, and we will get back more if I claim the child as dependent, claim the EIC and the child tax credit. Father is planning to amend his tax return. I understand it takes up to 13 weeks to process an amended 1040X. In the meantime, I will send mine in and, since they won't see the father's amended return first because his amended one will take longer to process, I'm afraid mine will be disallowed and then it will begin the audit process. I thought maybe if I were to send in a signed copy of his 1040X with my tax return showing that the father is changing his filing status to single and returning the EIC credit, it would help avoid the problem of them simply disallowing mine and avoid an audit. What do you think?

If that is not a good idea, should I at least enclose an explanation saying he filed an Amended 1040X , that he changed his filing status and returned the EIC money he received, and give his social security number so they can cross-reference it? Will my return be forgotten about if they have to wait for his to process?

Will this create a red flag for either of us taking Head of Household in the future?

Thanks!

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Best answer by DawnC0

Do not send the father's 1040X with your return. The IRS will not hold up your return and will process it normally and issue you a full refund. This happens often, and you are handling it correctly by claiming the child and mailing the return in. The father claiming the child is only preventing you from e-filing. His actions will not prevent the IRS from issuing you your full refund. No explanation is necessary and including one may cause a delay.

Including the 1040X may cause a delay. The IRS will expect one of you to amend their return. If the other parent does not do this, the IRS will follow up. It is important that the father amends his return and pay any additional tax owed before 04/18/2017. If he waits, he will be subject to interest and penalties.

DawnC0Answer

Employee

Do not send the father's 1040X with your return. The IRS will not hold up your return and will process it normally and issue you a full refund. This happens often, and you are handling it correctly by claiming the child and mailing the return in. The father claiming the child is only preventing you from e-filing. His actions will not prevent the IRS from issuing you your full refund. No explanation is necessary and including one may cause a delay.

Including the 1040X may cause a delay. The IRS will expect one of you to amend their return. If the other parent does not do this, the IRS will follow up. It is important that the father amends his return and pay any additional tax owed before 04/18/2017. If he waits, he will be subject to interest and penalties.