2018 Tax Return

[peggysioux]

I am currently working on a 2018 tax return for taxpayer and tax return cannot be electronically filed due to ex-husband already claiming children even though taxpayer had more than 50% custody. Being paper returns are not going to be processed for some time, what is the best way to handle so that taxpayer can receive stimulus payment? My first thought was to file as single with no dependents just to get tax return electronically filed and then file an amended. However, there is a tax liability if taxpayer files single and she really doesn't have the monies to pay the liability to get bank info into IRS system. Any suggestions would be appreciated.

Peggy Sioux

[Rapid Robert]

Not a suggestion, but a question: why are the consequences of the taxpayer's illegal failure to file a timely 2018 return your problem? They can always just get the credit on their 2020 tax return, so it's not like they will lose out on this government benefit.

[Burke]

Is she not filing 2019?

[TaxGuyBill]

As Burke mentioned, did the father claim them in 2019? If not, file 2019. Otherwise, she will need to wait until they eventually process her tax return, or else it will end up on her 2020 return.


Personally, I usually don't have any sympathy for late-filers, so I wouldn't go out of my way for this situation. Just file the tax returns, and because she procrastinated for a year, she will need to wait for her stimulus payment.

[peggysioux]

Taxpayer will have the same issue for 2019 as ex has already filed 2019 as well so her return will be rejected if efiled.

[Burke]

Will filing HOH (since she apparently qualifies) without the dependents make the tax liability go away?

[peggysioux]

Will filing HOH (since she apparently qualifies) without the dependents make the tax liability go away?

Thanks Burke.

Peggy Sioux