I share a baby with my gf. Turbo tax gave me the eitc. When my gf filed her taxes it got rejected. Should I amend my taxes to remove the eitc so she can get it?

[mattstraz]

I filed first, I added my babys details but said I was not claiming her as a dependant as my gf was. turbo tax alerted me that theyd help find credits for me. I was not fully aware that it gave me the eitc. When my gf went to file irs rejected her taxes cause she was also claiming it. Now, I want to amend my taxes to remove the eitc and have her refile to get it.

[xmasbaby0]

When two bio parents live together as a family with their child, the child can only be claimed on ONE tax return.  You cannot "share" the child-related credits.   Sharing the credits is only allowed for divorced or never married parents who live APART and share custody.

You can amend your own tax return to remove the child from your return   (nothing about the child goes on your return), but since you already have put the child's SSN into the system, your GF cannot e-file this year.  She can file a return claiming the child and get the child-related credits----but she has to file by mail.  Waiting for you to amend will not help her.   

She will need to print, sign and date her return in ink, and mail it.

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 UPS or 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.

[Mike9241]

no matter what you do your gf will have to paper file if she claims the child. IRS rules when two people claim the first can e-file the second must mail.

**************

you have provided no info so here are the rules for claiming a child. i have left out the rules that seem irrelevant in this situation

• Related to you - son. daughter.
• Same principal abode as you for more than ½ the tax year (usually, unless you live together only one of you can meet this rule. It's based on the number of nights the child spent with the taxpayer)   
• A US citizen, resident alien or national, or a resident of Canada or Mexico
• If a qualifying child of more than one person there are tie-breaker rules

it you live together it would seem both of you qualify so either can claim but not both

however, for you, your filing status would go from head of household to single.

you can not amend until the initial return you filed is completely processed and you get your refund.  

[xmasbaby0]

The Form 1040X you will need  to amend becomes available in late February,  But wait until your return has been processed.

[AmyC]

She can't file hers with the baby until your amended is accepted and processed which could take months, up to a year. She may want to file her return and amend hers after yours is complete or she can mail  it in with the baby.

[mattstraz]

I did file as single, she was always going to be the one claiming the baby as the dependant. I did add my daughter because I had to input pfl. I did select that I was not claiming her as my dependant. So turbo tax said they'd still find credits and such. I also answered the never married or divorced. My question is, if I amend my tax return will my gf be able to get it, or do we lose it cause the irs thinks someone already got it? 

[xmasbaby0]

@mattstraz Your GF can still get  the child related credits----but she has to file by mail.  Even if you amend, she cannot e-file this year with the child's SSN on her tax return.   That SSN is now in the system for months.   She cannot e-file.