Dependent and EIC

[lindemansmir]

So I filed my taxes and i did not claim my child as i am letting my fiance claim him. However I did get an earned income credit still. Will my fiance still be able to claim my son even though I got the EIC? 

[Opus 17]

Are you living together?  In that case you can’t split the dependent benefits.  One of you has to claim all the benefits and the other none. In the interview, there is a question about an agreement to share custody. This only refers to a legal agreement between parents who live apart and share custody. If you are living together with the other parent, you have to click No that there is no agreement.

if you want your fiancé to claim your child as a dependent, then your fiancé is the only person who can claim EIC as well. Your fiancé will have to say that the child lives with them all year, there is no shared custody agreement, and your fiancé will claim the dependent credit and EIC. They will not be able to e-file because your return will block their return. After your refund is paid, you will have to file an amended return to completely remove the child and pay back the EIC you received.

Or, you can claim the child and all the benefits and your fiancé claims nothing. In that case, your fiancé leaves the child off of their tax return, and you will need to file an amended return to claim the additional dependent credit that you left off your first return.

[Lizann0491]

I thought that the fiance cannot claim the eic and ctc if your fiance's child is not biologically theirs or if the two are married, making the child a legal stepchild? Only allowed to claim as a dependent? 

[Hal_Al]

It appears that the child, in the original post was the fiance's biological child. Your are correct, an unrelated person cannot claim EIC or Child Tax Credit.  At best, they can only claim the (up to) $500 non-refundable other dependent credit; and then only in limited circumstances.

But a step parent (legally married) is considered related and can claim a child the same as a parent, either on a joint or separate return (EIC not allowed on Married filing separately)