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Level 1
June 4, 2019
Question

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.

  • June 4, 2019
  • 1 reply
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    1 reply

    June 4, 2019

    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