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March 15, 2021
Question

How would a college student claim their stimulus if they did not file taxes and are being wrongfully claimed as a dependant?

  • March 15, 2021
  • 1 reply
  • 0 views
My younger sibling was claimed as a dependent in in 2019/2020 by our parents, my mother is now deceased and our Stepdad claimed them as a dependent although I am the one who is taking care of them. How would I go about helping them get their stimulus check? They have not filed taxes yet as they had no income last year.

1 reply

KathrynG3
March 15, 2021

To receive a stimulus payment, the individual must provide more than 50% of the support for the person in question, either self or someone else.

 

If your stepdad provided more than 50% of the financial support, he would be entitled to include your younger sibling as a dependent on his return even if the reside with you in some cases.

 

However, if you provide more than 50% of the support, then your sibling could be included on your return.

  • You would be eligible for up to $500 for the first stimulus and up to $600 for the second stimulus for your sibling. 

 

Since the dependent has already been claimed and you wish to dispute that, you must paper file the return. Your stepdad must amend his return and remove your sibling as a dependent. The e-filing would be rejected if your sibling is included on your return if your stepdad has already filed.

 

Before going down this path, check whether your sibling qualifies as a qualifying relative for you. Included in the link below for who can I claim as a dependent, the definition of a qualifying relative is:

  • They don't have to be related to you (despite the name).
  • They aren't claimed as a dependent by someone else.
  • They're a U.S. citizen, resident alien, national, or a Canadian or Mexican resident.
  • They aren’t filing a joint return with their spouse.
  • They lived with you the entire year (exceptions apply).
  • They made less than $4,300 in 2020.
  • You provided more than half of their financial support.

For more information, see: Who can I claim as my dependent?

What if somebody already claimed my dependent?