My children's other parent filed their taxes through TurboTax before me. We have mutually agreed that I will claim both of my children as dependents and he did not claim them. However, due to a question regarding how long the children lived with him (12 months as we live together but are not married) they were added to the earned income credit on his return. My federal return was rejected because our children were claimed on both of our EIC. Is there a way I can keep them as my dependents but remove from the EIC since his have already been filed & mine have not? If not, how do I go about this?
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If all of you live together as a family with your children, the children's SSN's should only be on ONE of your tax returns--not on both. What you may have heard about parents who "share" the child-related credits is for parents who are divorced or who were never married and live apart and share custody. If you all live together it does not work that way. Only one of you should have the children on your tax return.
But now the damage is done. If you are the one who is going to claim the children then your return can only be filed by mail. You cannot e-file. You can claim the children for all of the child-related credits including EIC, childcare credit and child tax credit. The other parent--your BF or GF--- needs to amend their return and remove the children completely and file as Single with no mention of the children on their return.
You do not need to wait for them to amend. Your mailed return will be processed differently than an e-filed return. Mail your return when you have it 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.
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