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Returning Member

EIC but not claim child

Hello, in the past years I have always listed my two children just as the child care credit (EIC) and not done a full claim because there has been an agreement between myself and the other party for them to do a full claim. However, this year they have received and email stating theirs was denied. Mine however was approved and accepted for just the small credit and not a full claim. why are they not able to claim them as a dependent and being denied. I have double checked to make sure I did not not get credit as a dependent and it just states was done correctly under the earned child care credit form on my end. what can be done to resolve this and how does one investigate the possibility of someone else having already claimed a child????

2 Replies
Expert Alumni

EIC but not claim child

It sounds like you both were claiming different credits on your returns. 


Unfortunately, it is hard to tell exactly which credit you each claimed last year, and which one was denied.  


Here are the basics for each credit:

  1. Earned Income Credit
    • Child must have a valid social security number
    •  Be your child, under the age of 19 or 24 if a full time student
    •  Lived with you for more than half of the year
    • Not filed a joint return. 
    • To claim the credit, you must have earned income
    • Meet the Adjusted Gross Income (AGI) limit
    • Be a US citizen or resident alien
    • Have a valid social security number 
  2. ​​​​​​​ Child Tax Credit:
    • ​​​​​US citizen, US National, or US resident alien
    • Didn't pay more than half of their expenses during the year
    • Lived with you for more than half the year
    • Have a social security number
    • Son, daughter, stepchild, sibling
    • ​​​​​​​​​​Be under the age of 17 at the end of the year​​​​​​​ 
  3. Child & Dependent Care Credit:​​​​​​​
    • You and your spouse need to have earned income
    • Paid caregiving expenses so you could work
    • Caregiver paid to care for a qualifying person


I have posted some links to help you determine specifically why the other party was denied the credit, or why you qualified for the credit. 


Please make sure only one of you claims the child on their tax return.  If both of you claim the same child, the IRS will disallow your credit.  


Qualifying child for EIC


Full EIC list


Child Tax Credit requirements


Child & Dependent care requirements



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New Member

EIC but not claim child

I had a similuar issue.  I filed my daughters return and while doing the forms i said that her daughter could not be claimed by her because the father was claiming her.  I even got a reply say "You do not quality for the EIC. but after completing the return and submitting it. I printed the forms and it looks like the CEIC was issued to my daughter. Her Ex-boyfriend tried to claim her and was denied and now we are being accused of theft. 

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