Then your fine, as long as the following is true (but be careful- if the parent isn't required to file but does file to get a refund of tax paid *and* claims the EIC or other credit, then the *only* reason for filing was not just to get a refund of tax paid, it was also to get the EIC or other credit, so your claim could be denied):
Per the IRS
"Child of person not required to file a return. A child isn't the qualifying child of any other taxpayer and so may qualify as your qualifying relative if the child's parent (or other person for whom the child is defined as a qualifying child) isn't required to file an income tax return and either:
1) Doesn't file an income tax return, or
2) Files a return only to get a refund of income tax withheld or estimated tax paid.
**Disclaimer: This post is for discussion purposes only and is NOT tax advice. The author takes no responsibility for the accuracy of any information in this post.**
