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How can i claim my daughter for EIC only

 
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1 Best answer

Accepted Solutions
Hal_Al
Level 15

How can i claim my daughter for EIC only

There are only a couple of circumstances when that is allowed. The most common being that you are the custodial  parent and you are allowing the non-custodial parent  to claim the dependent and child tax credit.

You enter your child, in the personal info section as a dependent. Then you very carefully answer the dependent interview questions. TurboTax will give your the EIC (and the dependent care credit and Head of Household, if you qualify).


Note, in particular, that the non-custodial parent can never claim the Earned Income Credit, Head of Household filing status or the day care credit, based on that child, even when the custodial parent has released the exemption to him.

 So, it's good idea to let the other parent know that you will be claiming those items, as many first time divorced parents are not aware of this rule and may try to claim those items, which will cause the IRS to send out letters.

Ref: https://www.irs.gov/publications/p17#en_US_2017_publink1000170897 Scroll down to "Children of divorced or separated parents (or parents who live apart)"

Note: A common error is when unmarried parents live together. In that case, you may NOT claim your daughter for EIC only.   If you and the other parent live together, only one of you can claim the child for any tax benefit. The interview is confusing (it's designed for divorced parents). The second parent should not enter the child, at all. 

If you and the other parent live together, either one of you (but not both) may claim the child. You may decide between you which one will claim the child. Only if you can’t agree, do the IRS tie breaker rules apply, to see who has first choice. It may be worthwhile to prepare trial returns, both ways,  to see which way the family comes out best. This tool may be useful: https://turbotax.intuit.com/tax-tools/calculators/taxcaster/?s=1.

 

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1 Reply
Hal_Al
Level 15

How can i claim my daughter for EIC only

There are only a couple of circumstances when that is allowed. The most common being that you are the custodial  parent and you are allowing the non-custodial parent  to claim the dependent and child tax credit.

You enter your child, in the personal info section as a dependent. Then you very carefully answer the dependent interview questions. TurboTax will give your the EIC (and the dependent care credit and Head of Household, if you qualify).


Note, in particular, that the non-custodial parent can never claim the Earned Income Credit, Head of Household filing status or the day care credit, based on that child, even when the custodial parent has released the exemption to him.

 So, it's good idea to let the other parent know that you will be claiming those items, as many first time divorced parents are not aware of this rule and may try to claim those items, which will cause the IRS to send out letters.

Ref: https://www.irs.gov/publications/p17#en_US_2017_publink1000170897 Scroll down to "Children of divorced or separated parents (or parents who live apart)"

Note: A common error is when unmarried parents live together. In that case, you may NOT claim your daughter for EIC only.   If you and the other parent live together, only one of you can claim the child for any tax benefit. The interview is confusing (it's designed for divorced parents). The second parent should not enter the child, at all. 

If you and the other parent live together, either one of you (but not both) may claim the child. You may decide between you which one will claim the child. Only if you can’t agree, do the IRS tie breaker rules apply, to see who has first choice. It may be worthwhile to prepare trial returns, both ways,  to see which way the family comes out best. This tool may be useful: https://turbotax.intuit.com/tax-tools/calculators/taxcaster/?s=1.

 

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