Can two people get EIC for one child?

lauren071993 · ‎June 1, 2019

My boyfriend and I live together along with our one year old. I have already filed my return claiming our son as a dependent. When filing my boyfriends taxes I put in our childs information knowing that he can't claim him as a dependent but for any available tax breaks. It asked if we had an agreement on who claims the child and I answered yes, as we do. It listed our son as a "non-dependent - EIC/ dependent care only". Is this information correct as I have already claimed him as a dependent and I am aware we cannot both claim him as a dependent.

Hal_Al · ‎June 1, 2019

No, that info is not correct.

Since you have already claimed the child, you should not have entered the child at all on your BF's return. The interview is designed for divorced parents who are allowed to split the tax benefits (in a very specific manner) and will lead to mistakes, when used by anyone else (as you found out).

So, NO, two people cannot get EIC for one child, not even divorced parents. In the case of parents, living together, only one parent can claim the child for any tax reason. But, you are allowed to decide between you, who that will be.

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Hal_Al · ‎June 1, 2019

No, that info is not correct.

Since you have already claimed the child, you should not have entered the child at all on your BF's return. The interview is designed for divorced parents who are allowed to split the tax benefits (in a very specific manner) and will lead to mistakes, when used by anyone else (as you found out).

So, NO, two people cannot get EIC for one child, not even divorced parents. In the case of parents, living together, only one parent can claim the child for any tax reason. But, you are allowed to decide between you, who that will be.