Sign Up

Why sign in to the Community?

  • Submit a question
  • Check your notifications
or and start working on your taxes
cancel
Showing results for 
Search instead for 
Did you mean: 
frfghter536
New Member

Irs audited me saying I don't qualify for HOH and EIC when the rules say I do. the mother claimed same dependent but for the child tax credit which is different

according to turbo tax I qualify for HOH by income and filing single

also turbo tax notified me of another discount for EIC because of a qualifying dependent/child is living in my household for more than half the year  (7months)with me providing all cost.

I did not apply for child tax credit because the mother claimed her for that. it even asked me if the other main parent was  claiming the dependent for Child tax credit I said put yes

what do I do

6 Replies
SweetieJean
Level 15

Irs audited me saying I don't qualify for HOH and EIC when the rules say I do. the mother claimed same dependent but for the child tax credit which is different

Did you, Mom, and Child all live together?
SweetieJean
Level 15

Irs audited me saying I don't qualify for HOH and EIC when the rules say I do. the mother claimed same dependent but for the child tax credit which is different

Critter
Level 15

Irs audited me saying I don't qualify for HOH and EIC when the rules say I do. the mother claimed same dependent but for the child tax credit which is different

The IRS is "auditing" you ?   So are they just asking you to support your claim to the child as the custodial parent ?   Are they asking you to prove you support more than 1/2 of the household costs ?   If you were not able to support your filing status then it will be denied.  If the other parent claimed all the child related deductions then you may also be denied the EIC.
TaxGuyBill
Level 9

Irs audited me saying I don't qualify for HOH and EIC when the rules say I do. the mother claimed same dependent but for the child tax credit which is different

Did you give the other parent a Form 8332, or does a pre-2009 divorce degree state the other parent can claim the child?

As SweetieJean said, did you all live together for part of the year (in other words, did the child also live with the other parent for over half of the year)?
SweetieJean
Level 15

Irs audited me saying I don't qualify for HOH and EIC when the rules say I do. the mother claimed same dependent but for the child tax credit which is different

OP refers to "other main parent," so I suspect they all live together.
Critter
Level 15

Irs audited me saying I don't qualify for HOH and EIC when the rules say I do. the mother claimed same dependent but for the child tax credit which is different

If you are married filing separately and both parents live with the child, either parent can claim the child as a dependent and only they get all the child related benefits ... they cannot be split.

If you are unmarried but live together with the child, either one of you can claim the child (or children) as dependents. If the parent who claims the child as a dependent also pays more than half the expenses of keeping up their home, they can file as head of household instead of single, which is slightly more favorable.  The other parent should not even list them in Turbotax, because there are some poorly worded questions that confuse some people.

If you are unmarried or never married and live apart and share custody, then:

The parent with whom the child lives more than half the year (184 or more 184 nights for 2016) is automatically entitled to claim the child as a dependent. This is the custodial parent. (IRS determines custody based on where the child lives, not any court order or agreement.)  The non-custodial parent is not entitled to claim anything.

However, the custodial parent can sign a release (form 8332) allowing the non-custodial parent to claim the child as a dependent.  You can download this form from the IRS web site.  The custodial parent signs it and gives it to the non-custodial parent and the non-custodial parent mails it to the IRS after e-filing the rest of their tax return.  In this case, the non-custodial parent can claim the dependent exemption and the child tax credit.  The non-custodial parent can never claim earned income credit, the dependent care credit (day care credit) or use the child to qualify for head of household status.  Those benefits always stay with the custodial parent.

 


Dynamic AdsDynamic Ads
Privacy Settings
v