Stimulus mess 2019/2020

[JJames]

Got divorced and remarried last year. Filed my joint and the ex’s single return same day early February. Hers got quickly processed and she got her refund. My refund is in idiotic still processing purgatory. When it comes to stimulus, I should get 6 and ex should get 1. Instead they ran hers off of 2020 and sent her $1400 and mine off of 2019 and sent me $5600. I presume my current wife will get her own $1400 from 2019. That still leaves the ex being double paid and 2 folks who didn’t qualify last year (20 year old dependent and baby) getting nothing.

Do I need to send back $1400? Will they just square it eventually and send me $1400 or $2800 more? Does someone just get a windfall here due to the inconsistent processing? I’m happy to have some of our money but ticked that I did all I could to avoid this but yet I get a mess. Thanks, IRS.

[Sarai M]

Same thing happened to me
I filed and excepted 2/13
Still processing

They went off of my 2019 where I had 2 dependents

My 2020 has just myself & my youngest son

My oldest son filed his own this year received his resign and his stimulus so they overpaid me .

I have been Seeing that has happened to a lot of people and others responses are they have to return it they will take it from your taxes next year or possibly this year it’s all so confusing

[Texas rae]

Of the ex got $1400 why are you saying age was double paid? That is the correct amount per person.

$5600 is 4 people. I am guessing that the baby was not a dependent on your 2019 taxes and neither was the ex wife. That leaves you and three dependents who got it. Once there process your return and see you had two more dependents you should get the other $2800.

No clue why you think you need to send some back?

[americangirl01]

Chris C wrote:

I believe there is a no fault clause that says you do not need to repay any overpayments by the IRS for stimulus.

That is how it worked for the other two. The return software only checks to make sure you received what they’ve calculated for you. If it’s less, they give the difference in your refund. I am assuming EIP 3 will work the same way.

[Sarrabi]

In other words, the IRS’s failure to process my return in a timely manner(filed and accepted on 2/12) forced them to use my 2019 return. Other people are allowed to wait to file their 2020 tax return if their 2019 tax return would result in a larger payment and there’s no penalty whatsoever.

ALSO, if it is determined that person was owed more once their 2020 tax return finishes processing, the IRS will send a 2nd payment.

[Sarrabi]

@Chris C
Exactly. For example, if I receive a stimulus payment based on my 2019 return where I claimed 3 dependents(2 adult children) because my 2020 tax return was still being processed, but only claimed 1 dependent in 2020, the IRS will not make me repay the overpayment for the extra dependents. My adult children will still receive their stimulus based on their 2020 tax return because theirs were already processed and completed before the IRS began issuing stimulus payments.

[Sarrabi]

Can you clarify what you’re asking more clearly? There is a loophole that allows you to receive the stimulus based on 2019’s refund because yours is still processing and you are not penalized for receiving more even if you would’ve received less under your 2020 return. It will not keep your ex from receiving her payment based on her 2020 taxes.

[Chris C]

I believe there is a no fault clause that says you do not need to repay any overpayments by the IRS for stimulus.

[Author]

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