EIC but not claim child

[Brich22390]

Its not an ex spouse we were never married and have a child she claimed her through work and i claimed 0 so when it asked did i have a child i said yes but then when it tried to see if i was claiming said child i said no that the other parent was going to claim her it then said that i didn't qualify to claim as a dependent but that i could still receive savings hit continue then it asked for our childs ssn there was no ability to skip past it so i entered the ssn and it gave me a non dependent eic and now she is trying to file and claim our child it keeps rejected it why did it ever even ask me to enter our childs ssn after it said that i didn't qualify to claim her because by me entering the ssn made it to where now she can't claim her

[ColeenD3]

The bottom line is that if you claimed a child you were not entitled to claim or chose not to claim, you will have to amend and remove the child so that the other party can claim them.

As Divorced or Separated Parents who did not live together, you have special rules. If you did live together, only one of you can claim the child and all the benefits that go with them.

As divorced or separated, as above, if you are the custodial parent, then you can claim Head of Household, EIC and Child Care. Even if you release the claim of exemption to the other party and allow them to claim the dependency and Child Tax Credit, they does not qualify for the other status and credits.

[Hal_Al]

@Brich22390 

Here's the actual fine print from the interview:

"Which parent can claim the dependent on their tax return if we live together but aren't married?
If you're living with the other parent and aren't married and don't have an agreement, the parent who has the highest adjusted income for the year has the right to claim the child on their tax return. However, you're allowed to have an agreement between the two of you about who will actually claim the child. In the case of an agreement, you won't have to fill out Form 8332. Keep in mind, the parent that claims the child as a dependent is the only one allowed to claim all the child-related credits such as the Earned Income Credit and Child and Dependent Care Credit. The other parent should not list the child on their tax return

[Brich22390]

However i didn't claim the child i aswered all questions truthfully it then asked is the other parent claiming this child i said yes it then said i cannot claim as a dependent so just like every other page before you have the option to continue to the next page or go back i hit continue on the very next page it asked for my child's ssn at first i hit continue thinking i could skip it it gave an error message so i then entered ssn and it said non dependent eic and then went on to head of house hold where again i filed single because we agreed that she was filling hoh as well that went through no problems im wondering why after i said that i wasn't claiming our child and it said that i couldn't claim our child did it then ask me enter our childs ssn 

[Brich22390]

I didn't want to list the child i never tried to add a dependent it asked if i had a child within the year was i at that point supposed to lie and say that i hadnt im confused all i did was say i had a kid but that my gf was filling the child under her taxes it then said i didn't qualify to claim hit continue very next page asked for my child's ssn why did it say i can't claim then turn around and ask for the ssn if it was going to interfere with my gf filling her taxes the way we planned

[Brich22390]

I'm sorry guys I understand your only trying to help this is just stressful and I'm trying to blame anyone and though I may be coming off as an a$$ I don't mean to be ugly I'm just stressing out and she's chewing me out saying I messed up this all my fault and I'm super worried that it could cause am audit and put both refunds in limbo for months and us currently living in a camper we are really relying on this refund to get back on our feet so I'm just trying to gather as much info as I can so that I can figure out exactly what happened and what the best course of action is from this point forward

[Hal_Al]

Regardless of who's fault it is, the bottom line is:

1. Your girl friend is going to have to file a paper return. It can't be fixed.

2. You are going to have to file an amended return and pay back some of your refund.

She does not need to wait for you do do that. She can claim full child related benefits (EIC and child tax credit). Yes, having to mail the return will delay her refund. But you should still get your erroneous refund on time.  An IRS audit is unlikely, if you timely file an amended return and return the over payment.  You can even wait until you get her refund before filing your amended return. 

[Kyliepower3691]

The same thing happened to me! I'm trying to look for the right solution without screwing things up more! Please let me know if you hear of what to do. I already received my return my sons father now cannot file his taxes and he is claiming him as a dependent.  My son is not a dependent on my taxes but his ssn is on their so i received and eitc but nothing else. And i didn't know it would do this , i just answered turbo taxes questions honestly.  Not sure if i should ammend or wait for a letter. I dont want to be audited or get in some kind of trouble. I will gladly ammend if I have to.

[Hal_Al]

@Kyliepower3691 

This thread has gotten long and meandering, but the solution for your situation is simple (assuming you and the other parent live together):

1. The father cannot e-file. He has to mail in a paper return. He can claim the child as a dependent for full tax benefits (EITC, child tax credit and, if appropriate, Head of Household filing status and the day care credit).

2. You have to file an amended return, deleting the child and the EITC (and paying back the difference). Do not wait for the IRS letter, interest and penalties will accrue.   The IRS letter is only going to tell you to file an amended return. 

When unmarried parents live together, the 2nd parent should not enter the child, at all, on her tax return or  in TTax.

[WowWhat]

Kyliepower, my ex and I went to an accountant together that year to figure things out when I was in your kid's father's position (unpleasant surprise when I couldn't e-file). We figured out that I am always head of household since I have primary physical custody, we just take turns claiming our kid as a dependent BUT ex should never check "Head of Household." This delayed my own tax return, Ex filed an amendment (wasn't in trouble, but do that yourself soon and call the help line if you need help figuring it out), then ex had to return some of the refund he'd received (which was a bummer for him to end up with less than he'd expected). And I got my own refund waaaaay late that year. And yeah, we'd both just answered the TurboTax questions and this is why I now see that accountant every year rather than do it myself through this online software. It's a real problem that TT makes it seem so easy to just answer questions, without clarifying the difference between claiming a dependent vs. listing oneself as head of household. Also, only head of household gets to claim the child care expense either I believe. Ugh, this is why I just go see the accountant instead. Worth the money!

[Kyliepower3691]

Thank you for your help. I'm glad I'm not the only one, I sure was feeling like a dummy ! Will take  your advice for next year!

[Kyliepower3691]

Thank you for your help!

[Teeter22]

I tried to claim my child as a dependent while my ex claims the eic but TT won’t let me send my return in electronically. My ex has already filed on only the children for eic and not a dependent. Do I have to mail mines in to get this credit? 

[Hal_Al]

Yes. You now have to paper file to get the Dependency and Child tax credit (assuming child is under 17).  Be sure you did not claim the day care credit or head of household filing status based on that child.

Since your e-file was rejected, there's a good chance your ex accidentally claimed the child tax credit too.  She should review her return, as she may need to amend.

[Teeter22]

Can both parties file electronically if all of that exists or will one have to file by paper?