Child EiC

[Toothofchaos]

So we were trying to figure out who should claim my son and when I removed him from dependents  he stayed on for my EIC, I filed an amendment and the agent I talked to here on turbo tax said the mom would be able to claim him once my amendment was accepted, it was accepted and she still can’t claim him. How do we fix this?

[xmasbaby0]

If you claimed your child and e-filed, even if you amend your return, no one else will be able to e-file a return claiming him this year.  If the other parent is claiming the child, that parent will have to file by mail.   The child's SSN was put into the system for the year when you used it.  Waiting for your amended return to be accepted and processed will not enable her to e-file.   She can mail her return whenever she is ready to mail it in.

[xmasbaby0]

Some additional information that you may need.  You have not told us if you are all living together as a family or if you are divorced or never-married parents who are sharing custody of the child.

Are you the custodial parent?  Do you have an agreement with the other parent to allow the other parent to claim them--due to divorce or that you live apart and share custody?  Did one of you sign a Form 8332?

If there is a signed 8332 then the custodial parent retains the right to file as Head of Household, get earned income credit and the childcare credit.  The non-custodial parent gets the child tax credit for children under the age of 17.

As far as the IRS is concerned, the custodial parent is the one with whom the child spent the most nights during the tax year--at least 183 nights.

If you are a non-married couple who live together then only one of you can claim the child(ren) and the one not claiming the child does not enter anything at all on their tax return about the child. Couples living together with their child do NOT say on their tax returns that they have a signed agreement.

[DianeW777]

It's important to check the rules for claiming the earned income tax credit (EITC).  In your situation it's important to know that you and the child's other parent must live together with the child for either of you to actually have an option as to who will claim the child.  Only the parent the child lives with is allowed to claim the EITC.

• Find out if you qualify for the EITC
• Tie Breaker Rules
• IRS Publication 501 (Also discusses the EITC and Tie Breaker Rules)

@Toothofchaos