ew720
New Member

Can one non-married parent claim a dependent while the other parent has FSA dependent care for that child? Both parents live together with the child.

 
Coleen3
Intuit Alumni

Get your taxes done using TurboTax

No unmarried parents can't split the benefits for a child. One parent gets all, the other parent gets nothing.

It is a decision that the two of you decide together assuming you each meet the qualifications. Sometimes a child meets the rules to be a qualifying child of more than one person. If the child is the qualifying child of more than one person, only one person can claim the child as a qualifying child for all of the following tax benefits:

  • EITC,
  • Dependency exemption for the child,
  • Child tax credit,
  • Head of household filing status,
  • Credit for the child and dependent care expenses, and
  • Exclusion for dependent care benefits.

The other person(s) cannot take any of the six tax benefits listed above unless he or she has a different qualifying child. If they cannot agree who will claim the child as a qualifying child, and more than one person actually claims tax benefits using the same child, the tie-breaker rules (explained below) apply. If the other person is a spouse and they file a joint return, this rule does not apply