e-filed rejected part2

[ER_Hopeful]

here's the first thread abot the issue https://www.early-retirement.org/forums/f28/e-file-rejected-117728.html

in short, DD filed her return incorrectly and claimed the $2500 edu credit then my return got rejected because i also claimed it. then she filed amended return and removed the claim, then I've been on hold until now.

it's been several months since DD filed her amenede return which removed her edu credit claim,

1. can I e-file now to claim it?

2. if not, and I file the paper return, do I check the box that says I'd been denied the claim which prevents me from claim the credit and then file 8862 to claim it. and on a separate piece of paper explain what happened and include DD amended return?

 

[gauss]

You may already know this, but there is a deadline to e-file with consumer versions of tax-software. I think that it is sometime in November.

Ultimately, you would want your DD's amended return to be processed before attempting to file again. ('accepted' and 'processed' are different milestones in IRS land).

I suspect that a 8862 would not be required in your case for the following two reasons:
#1) Your return was never processed, or even accepted.
#2) The statutory language that defines this refers to a credit being denied in a prior year -- which is not the case here.

Also from the 8863 instructions

Form 8862 may be required. If your American opportunity
credit was denied or reduced for any reason other than a math
or clerical error for any tax year beginning after 2015, you must
attach a completed Form 8862, Information To Claim Certain
Credits After Disallowance, to your tax return for the next tax
year for which you claim the credit. See Form 8862 and its
instructions for details.

-gauss

 

[rothlev]

Likely you will have to file a paper return, with an attached note explaining daughter was amending hers to remove the credit. Had I done it I would have filed. your and her amended together so IRS could process them together and see what transpired.