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Level 1
June 1, 2019
Solved

Can more than on person get the earned income credit for a child?

  • June 1, 2019
  • 1 reply
  • 20 views
i am not claiming my children this year their father is however it is saying that i still qualify for the EIC for them ... however if this affects his return i cannot use it. will this prevent him from getting the EIC?
Best answer by AnnaB

No, only one person can get the Earned Income Credit (EIC).  Regardless of your arrangements for claiming the children's exemptions, only the custodial parent can claim the EIC (along with Head of Household and the Child and Dependent Care Credit).  The IRS determines custody based on who the child spent the most nights with during the year.

If you indicate 7 or more months in the Personal Info section for your child to have been living with you, then TurboTax would have made you the custodial parent and given you what you were eligible for.  If you indicated the other parent would be claiming, you would not have gotten the $4,050 reduction of income for them or the Child Tax Credit.

If the other parent is the custodial parent and he is claiming the children for the entire year (or more than six months), then you should leave them off your return.  You can delete a dependent from the Personal Info section on TurboTax.

1 reply

AnnaBAnswer
Level 7
June 1, 2019

No, only one person can get the Earned Income Credit (EIC).  Regardless of your arrangements for claiming the children's exemptions, only the custodial parent can claim the EIC (along with Head of Household and the Child and Dependent Care Credit).  The IRS determines custody based on who the child spent the most nights with during the year.

If you indicate 7 or more months in the Personal Info section for your child to have been living with you, then TurboTax would have made you the custodial parent and given you what you were eligible for.  If you indicated the other parent would be claiming, you would not have gotten the $4,050 reduction of income for them or the Child Tax Credit.

If the other parent is the custodial parent and he is claiming the children for the entire year (or more than six months), then you should leave them off your return.  You can delete a dependent from the Personal Info section on TurboTax.