Claiming Dependents

[pdewitt1987]

My girlfriend and I have 2 children together. She always claims the kids. The kids are listed on my return but I do not claim them. Turbo tax even asks if someone else will be claiming them so that I do not get the credit for them. I filed my taxes and they were accepted. She filed hers and they got rejected due to someone having claimed the kids as dependents already, even though no one has. Is the issue that the kids are listed on my return? even though I am not claiming the child tax credit? If that is the issue, would I need to amend before she can file hers, or can I print hers and mail them in and then amend mine when the option becomes available. Thanks

[AlanT222]

Yes, the issue is that the kids were listed on your return.  With them being on your return, they were considered your dependents.  

The only way for her to file her return with the kids listed as dependents is to Paper File her return.

You are correct that you must file an amended return, removing the kids as dependents.  Just be aware, you may owe the IRS for additional taxes due to removing the kids as dependents.   

[Hal_Al]

  If you and the other parent live together, either one of you (but not both) may claim the child. You may decide between you which one will claim the child. Or you can each claim one child. Only if you can’t agree, do the IRS tie breaker rules apply, to see who has first choice. It may be worthwhile to prepare trial returns, three ways,  to see which way the family comes out best. This tool may be useful: https://turbotax.intuit.com/tax-tools/calculators/taxcaster/?s=1.

A common error is when unmarried parents live together,  If you and the other parent live together, only one of you can claim the child for any tax benefit. The interview is confusing (it's designed for divorced and separated parents, who are allowed to split the child). The second parent should not enter the child, at all.