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Level 1
January 29, 2020
Question

Dependent vs non dependent

  • January 29, 2020
  • 8 replies
  • 17 views

I claimed my son as a dependent, but I also claimed the daycare expense with an EIC credit with my daughter as a non dependent. Her mom claimed our daughter but claimed our sons daycare expenses. She filed her taxes first and they got accepted. I filed mine after and mine got rejected. We both live in the same house. Any thoughts?

    8 replies

    Hal_Al
    Level 15
    Level 15
    January 29, 2020

    You are not allowed to do that.  This is a  common error is when unmarried parents live together,  If you and the other parent live together, only one of you can claim the child for any tax benefit. The interview is confusing (it's designed for divorced parents, who are allowed to split the child benefits). The second parent should not enter the child, at all.

     

    The mother will have to file an amended return (after she receives the refund from the first filing). She will unclaim the son's day care.

     

    You can go ahead and file your return, but you will have to mail it in.

    ____________________________________________________________________________

      If you and the other parent live together, either one of you (but not both) may claim the child. You may decide between you which one will claim the child. Only if you can’t agree, do the IRS tie breaker rules apply, to see who has first choice. It may be worthwhile to prepare trial returns, both ways,  to see which way the family comes out best. This tool may be useful: https://turbotax.intuit.com/tax-tools/calculators/taxcaster/?s=1.

    Level 2
    February 10, 2020

    I stated that i was not claiming my daughter this year that there was an agreement that my spouse was going to claiming her it said that i didn't qualify to claim her which is what the plan was then after hitting continue asked for our daughters ssn and gave me a non dependent eic and now my spouse is trying to file and claim our daughter but keeps getting rejected why would it have asked me to enter our daughters ssn if i said i wasn't trying to claim her and was going to interfere with my spouse from claiming her ot wouldn't allow me skip past entering ssn either

    ColeenD3
    Level 15
    February 10, 2020

    Divorced and separated parents who live apart have a special set of rules. They can actually split benefits for a child. If you are the custodial parent, then you can claim Head of Household, EIC and Child Care. Even if you release the claim of exemption to him and allow him to claim the dependency and Child Tax Credit, he does not qualify for the other status and credits.