EricE_CPA
Expert Alumni

Get your taxes done using TurboTax

Hi ADMx2

 

Generally, married couples must file a joint return to take the credit. However, if you are legally separated or living apart from your spouse, you may be able to file a separate return and still take the credit.

 

If you are filing married filing separately to claim the child tax credit to be  eligible to take the credit if all the following apply.

1. You file a return apart from your spouse.

2. Your home is the home of a qualifying person for more than half the year.

3. You pay more than half the cost of keeping up your home for the year.

4. Your spouse doesn't live in your home for the last 6 months of the year.

 

With that said, when you amended your tax return to Married Filing Separate (claiming child tax credit) you were claiming to the IRS that you met the above 4 criteria.

 

The IRS in-turn found you didn't meet the criteria and as a result your tax liability is worse than if you just filed married filing jointly.

 

I recommend that you re-amend your tax return back to Married Filing Jointly.

 

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