Can you be eligible for the EIC and child expense credit if the other parent is claiming the child?

[kguido1992]

Hello! I had a baby in 2018, and his father will be claiming him this year on his taxes. When filing my personal taxes (we are not married but live together), TurboTax asked me if I or the other parent would be claiming him. I checked that the other parent would be claiming him, but TurboTax tells me I still qualify for the EIC (my AGI for 2018 was $21,000), and for the childcare expense credit. Is this the truth? I just want to make sure I’m entering information correct and this is confusing me! 

Thanks 🙂

[DanielV01 · Accepted solution]

No, you yourself can't receive these credits in this case.  Since both of you lived with the baby, only one of you may claim the baby for all benefits.  The situation you describe above is for when the two parents live separately.  In that case, the noncustodial parent may claim the baby for the Child Tax Credit (when the custodial parent signs Form 8332 to allow that parent to claim), and the custodial parent may claim Head of Household for the dependent, EIC and Dependent Care Credits (babysitting expenses).  That's not the case here.  

Go back to the question under the Dependent Information section asking Do you have an agreement with {baby's} other parent about who can claim him?  Answer no to this question.  Next you are asked where he spent most of his nights.  Answer the other parent (even though you lived together).  Finally you are asked if the other parent has given you the right to claim.  Answer no.  (The other alternative is to delete his information from the return).