Can I claim the EIC if my daughter lived with me for 6 months last year, while her mother claims the child tax credit?

[ChristinaS · Accepted solution]

Maybe. To be able to claim the Earned Income Credit, you must be considered the primary custodial parent for tax purposes. It doesn't matter who is claiming the child as a dependent.

To meet this criteria:

• The child must have spent more nights with you than the other parent.
• Or, if the child stayed equal nights with both parents, the parent with the higher income gets the child for EIC purposes.

So, if by 6 months, you mean over half the year -or- you have the higher income and have equal custody, then yes, you qualify for the EIC.

(I am assuming that you and the mother do not live together)

[4202halex]

@TurboTaxChristinaS

Thank you. No we don't now, we lived as a family for roughly 7 months (with me making more income) and then the other 5 there was child support and nights where she was with me involved. We are trying to figure it out together so I am just making sure that she is still able to claim as a dependent and that an amendment is not necessarily in order.
She continues to get a rejected notice due to me claiming the EIC, is it because they do not know of the living situation/agreement we have? If so, how can we resolve that with Turbotax?

[ChristinaS]

Her return is being rejected because she is trying to also claim the EIC. 2 people can't claim it for 1 child. If she qualifies to claim the child as a dependent, that doesn't permit her to also claim custodial parent tax benefits. However, who had primary custody when you lived apart? The wrinkle here is that neither of you can be Head of Household if you lived with your spouse for the last 6 months of the year. Did you get divorced? If you should be married filing separately, neither of you would get EIC.

[4202halex]

@TurboTaxChristinaS she had primary custody while we were apart, and by last 6 months, do you many any or all?
We aren't divorced and I filed married filed separately, BUT, I did file head of household, (although it recommended this status).

[ChristinaS]

Married Filed Separately and Head of Household are 2 completely different statuses. You cannot receive EIC at all if you file Married Filing Separately. If you got EIC, you filed as Head of Household.
Most likely, you and your wife should both be MFS, whereas it seems you are both trying to claim HOH- which cannot happen.
Have you discussed filing a joint return? You are probably better off doing that, because you did not live apart for the last 6 months of the year.
<a rel="nofollow" target="_blank" href="https://www.irs.gov/uac/what-is-my-filing-status">https://www.irs.gov/uac/what-is-my-filing-status</...>
Use the tool above, answer honestly, and see what status it says to use.