EIC

2 replies
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If parents are married filing separate and did not live together the whole year. Can one parent claim the child as a dependent but not receive the EIC but receive the child tax credit. . And the other receive the EIC?

xmasbaby0

Level 15

Filing as married filing separately disqualifies you from getting earned income credit.

If you lived apart for at least the last six months of 2023, the parent who has had the children can file as Head of Household and claim the children and get the child-related credits including EIC and the child tax credit. The parent who does not have the children files as married filing separately.

**Disclaimer: Every effort has been made to offer the most correct information possible. The poster disclaims any legal responsibility for the accuracy of the information that is contained in this post.**

xmasbaby0

Level 15

It sounds like you are trying to use the circumstances used for never married or divorced parents who share custody of a child. In that situation if there is a signed Form 8332, the custodial parent can file as Head of Household, get earned income credit and childcare credit, while the non-custodial parent gets the child tax credit. The IRS cares about physical custody. The custodial parent is the one with whom the child spent the most nights--at least 183 nights.