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If you are legally married and have lived with your spouse at any time during the last six months of the year then you can only file a tax return as either Married Filing Jointly or Married Filing Separately.
If you choose file as MFS you are not eligible to claim EIC.
See this TurboTax support FAQ for filing jointly versus separately - https://ttlc.intuit.com/community/married/help/is-it-better-for-a-married-couple-to-file-jointly-or-...
Can I file head of household with 3 dependent's, and not The EIC ?
good question TC memo 2016-200 said MFS was ok but the IRS will not acquiesce with this decision. it points to IRC sec 32(d). i think the IRS is right
there are other rules to qualify
if your interested, here's the link to the code section
https://www.law.cornell.edu/uscode/text/26/32
can't file as HOH if married except under special circumstances
one requirement is that you live apart from your spouse during the last 6 months of the year
If you are married filing separately and both parents live with the child, either parent can claim the child as a dependent and only they get all the child related benefits ... they cannot be split.
If you are married and did NOT live together the last 6 months of the year, live apart and share custody, then:
The parent with whom the child lives more than half the year (183 or more nights ) is automatically entitled to claim the child as a dependent. This is the custodial parent. (IRS determines custody based on where the child lives, not any court order or agreement.)
The non-custodial parent is not entitled to claim anything.
However, the custodial parent can sign a release (form 8332) allowing the non-custodial parent to claim the child as a dependent. You can download this form from the IRS web site. The custodial parent signs it and gives it to the non-custodial parent and the non-custodial parent mails it to the IRS after e-filing the rest of their tax return. In this case, the non-custodial parent can claim the dependent exemption and the child tax credit. The non-custodial parent can never claim earned income credit, the dependent care credit (day care credit) or use the child to qualify for head of household status. Those benefits always stay with the custodial parent.
Q. Do we have to file married filing Jointly to get the EIC?
A. Simple answer: yes, if you are married. See the other replies for details. See the answer to your second question for an exception.
Q. Can I file head of household (HoH) with 3 dependent's, and not The EIC ?
A . A legally married person can only file as HoH if they lived apart from their spouse for the entire lat half of the year (July 2- Dec 31). If you qualify for HoH, you also qualify for EIC.
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