Do i claim eic on the injured spouse form if i had all of the income and and my wife had none? We had already filed a joint return .

[Jarodturner]

Do i claim my step kids if my spouse had little to no income when filling for injured spouse? We filed a joint return and they took the whole 5000 + about how much should i recieve ?

[DanielV01 · Accepted solution]

Technically speaking, EIC is not allocated to either of you.  You fill out the form, and you can allocate the dependents (and yes, I would put the dependents with you), but EIC itself will be determined by the IRS.  

How much you will receive is also hard to say.  While the Form may suggest how much it might be, ultimately it is the IRS who will determine exactly how much you will receive, if anything.  (If you provided the vast majority of the income, however, I do imagine you should get a significant amount back).

Please see this FAQ with additional information:  https://ttlc.intuit.com/replies/3326788