EIC or Dependent Care Credit Only

[macuser_22]

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@Kailef wrote:

I guess I'm confused by it all.

I wasn't going to claim him as a dependent because he does support himself. He made about $14,000 from work plus his SSDI. So how could someone be able to get the non-dependent EIC on their disabled adult child that lives with them if that disabled adult child is supporting himself?

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@Kailef -

Sorry to correct myself again - but I was (almost) correct the first time. I am deleting the above incorrect answers so as not to confuse others.

    It is laid out by the IRS in pub 596 page 15

https://www.irs.gov/pub/irs-pdf/p596.pdf

This means that YOU can claim the EIC but your son cannot on his own return  because he is your "Qualifying Child"  for EIC.  He cannot claim the EIC whether you claim it or not.

- NOTE that the Qualifying child rules for the EIC are different that the Qualifying Child rules for claiming a dependent.

Rule 10—You Cannot Be a Qualifying Child of Another Taxpayer

You are a qualifying child of another taxpayer (such as your parent, guardian, or foster parent) if all of the following statements are true.
1.
You are that person's son, daughter, stepchild, foster child, or a descendant of any of them. Or, you are that person's brother, sister, half brother, half sister, step-brother, stepsister, or a descendant of any of them.
2.
You were:
a.Under age 19 at the end of the year and younger than that person (or that person's spouse, if the person files jointly);
b.Under age 24 at the end of the year, a student, and younger than that person (or that person's spouse, if the person files jointly); or
c.Permanently and totally disabled, regardless of age.
3You lived with that person in the United States for more than half of the year.
4.You aren't filing a joint return for the year (or are filing a joint return only to claim a refund of withheld income tax or estimated tax paid).

If you are a qualifying child of another taxpayer, you can’t claim the EIC. This is true even if the person for whom you are a qualifying child doesn't claim the EIC or meet all of the rules to claim the EIC. Enter “No” on the dotted line next to line 27 (Form 1040 or 1040-SR).

[Kailef]

Ok so a question or two.

If Joey selects at the beginning they can't be claimed as a dependent, he gets to a screen for the EIC and he sees the, "I can be claimed as a qualifying child by someone else."

Is it legal and possible for him to select he can't be claimed as a dependent and then select he can be claimed as a qualifying child so he doesn't get the EIC and then on my taxes, I don't claim him as a dependent, but I claim the EIC because he's disabled and lived with me all year?

It's all rather confusing and I just want to make sure we are filling this out right so neither of us get audited.

Am I understand it right? That's where the EIC/non dependent credit comes in right?