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If you and your partner aren’t married, only one of you can claim the kids for EIC and other child-related tax credits — not both. Usually, the higher earner should claim them and file as Head of Household; the other files as Single without listing the kids.

If the IRS already accepted a return with the child’s SSN, the other return will be rejected if e-filed. If the wrong person claimed the kids, they’ll need to amend their return. The right person will then need to file by mail, since the IRS doesn’t update amended info fast enough for e-filing.


Disclaimer: General info only. For personalized help, speak to a tax pro.