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cblodge
New Member

Can both parents qualify for Earned Income Credit?

Me and my girlfriend had a baby in 2017. I claimed head of household and the child as dependent. I received the EIC. My girlfriend did NOT claim the child and also qualified for the EIC. We double checked that she checked the box that said I claimed the child. TurboTax  told her that the our child did not qualify as a dependent for my girlfriend. We all live in the same house. Me and my girlfriend both own the house. Is that right? Can we both qualify for the EIC?
1 Best answer

Accepted Solutions
Opus 17
Level 15

Can both parents qualify for Earned Income Credit?

No.  One parent claims the child and all the benefits, the other parent deletes the child completely.

The reason you get that result is by answering "yes" that you have a custody agreement the determines who claims the child.  This question does not refer to informal agreements between partners living together, only to divorced or separated parents living apart.  If you live together with the other parent you say no, and I think the answer works out right that way.  The safer thing is to simply delete the child from the return of the parent who will not be claiming them.

The interview would be clearer if Turbotax asked "do you live together unmarried with the other parent" but a focus group decided the question was "too personal."

*Answers are correct to the best of my ability at the time of posting but do not constitute legal or tax advice.*

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4 Replies
Opus 17
Level 15

Can both parents qualify for Earned Income Credit?

No.  One parent claims the child and all the benefits, the other parent deletes the child completely.

The reason you get that result is by answering "yes" that you have a custody agreement the determines who claims the child.  This question does not refer to informal agreements between partners living together, only to divorced or separated parents living apart.  If you live together with the other parent you say no, and I think the answer works out right that way.  The safer thing is to simply delete the child from the return of the parent who will not be claiming them.

The interview would be clearer if Turbotax asked "do you live together unmarried with the other parent" but a focus group decided the question was "too personal."

*Answers are correct to the best of my ability at the time of posting but do not constitute legal or tax advice.*
viktoriyab11
New Member

Can both parents qualify for Earned Income Credit?

You can claim the Earned Income Tax Credit (EITC)  if you don’t claim a qualifying child for the EITC.

What are the qualifications for the Earned Income Credit (EIC or EITC)?

Claiming EITC Without a Qualifying Child https://www.irs.gov/credits-deductions/individuals/earned-income-tax-credit/claiming-eitc-without-a-...

Opus 17
Level 15

Can both parents qualify for Earned Income Credit?

You may be able to claim EIC as a single person but you can't use the same child twice to claim the larger EIC amount for having a child.
*Answers are correct to the best of my ability at the time of posting but do not constitute legal or tax advice.*
azide999
New Member

Can both parents qualify for Earned Income Credit?

"The interview would be clearer if Turbotax asked "do you live together unmarried with the other parent" but a focus group decided the question was "too personal." "

 

If the focus group had decided the other way, perhaps that it was a practical and important question, it would have saved me a lot of time and effort needed to research it!!! I do not suppose that many would have been offended and/or found it too personal. After all, Turbotax know everything about ones finances ...

 

Perhaps the question could have been "is the other parent claiming the (particular) child for EIC / EITC on their tax return?".  Could it be so easy? Then the data could be stored for the non-claimant for next time and the IRS would not be banging on someones door. I would have done it the wrong way, except I looked into it to be sure.

 

Bit of an oversight "turbo" ... seriously!!! According to the questions as laid out, I would have thought folk would enter in all their children's details. Unfortunately, this and the following questions would land them directly in deep **bleep** with the IRS, except for that one all important question that is not asked and possibly applies to many!

 

To me, this reinforces the idea that tax (and) other service providers should by law be held accountable to some degree for situations such as this. However, the government should be held responsible for instituting such a ridiculous taxation system, although I do understand that it keeps the IRS large, provides work for bean counters, and the lawyers that follow ...

 

 

 

 

 

 

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