EIC confusion

[Devonhealey]

My girlfriend and I live together and she normally claims our daughter as the dependent. I listed my daughter as non dependent in my return but accidentally filled out the EIC portion, she now can not file, the difference is about 4k. I plan on amending but can I just mail in her return and hope the IRS wants clarification on who gets to claim her?

[xmasbaby0]

When non-married parents live together as a family with their child(ren) only one parent should enter anything about the child on their tax return.   The "sharing" of child related credits you may have heard about is only done between divorced or never-married parents who live apart and share custody.

So---one of you can file as Head of Household and claim the child and any related credits.  The other parent files Single and enters nothing about the child on their return.

You can amend your return after it has been fully processed.  Your GF's return has been blocked from e-filing this year.  She will have to mail her return that claims the child.  She can claim all of the child related credits.  You cannot "split" them between you---except by sharing when your refunds arrive.

[Devonhealey]

Gotcha so I still amend mine and just remove anything about my child and mail in her return as HoH and claim anything we can?

After we mail her’s the IRS will send letters to us to clarify who’s claiming the kiddo? What does that entail?

[xmasbaby0]

Yes---you have it.     Your GF does not have to wait for you to amend to mail her return, she can mail her return when it is ready.  

When you mail a tax return, you need to attach any documents showing tax withheld, such as your W-2’s or any 1099’s.  Use a mailing service that will track it, such as certified mail so you will know the IRS/state received the return.

Federal and state returns must be in separate envelopes and they are mailed to different addresses.  Read the mailing instructions that print with your tax return carefully so you mail them to the right addresses.

It takes a long time for the IRS to send letters---and since you will be amending it is unlikely that you will even get letters.

[Devonhealey]

You’re a massive help- one last thing.

Her return is already prepared on TurboTax (all w-2s and other forms entered) can we just print it and send it without the w2s since the info is already on the return?

[MinhT1]

No.

When you mail your tax return, you have to include all W-2s and other forms which have a tax withholding, even if the information is already on the tax return.