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crxim19
New Member

My boyfriend claimed my son last year and received the tax credit but not EIC. Can I claim EIC for him from last year this year?

 
2 Replies
xmasbaby0
Level 15

My boyfriend claimed my son last year and received the tax credit but not EIC. Can I claim EIC for him from last year this year?

No.  Do all of you live together?  If you all live together then only one of you can claim the child.  Or is your living situation something different?  

**Disclaimer: Every effort has been made to offer the most correct information possible. The poster disclaims any legal responsibility for the accuracy of the information that is contained in this post.**
Hal_Al
Level 15

My boyfriend claimed my son last year and received the tax credit but not EIC. Can I claim EIC for him from last year this year?

No. By allowing your live-in boy friend (BF) to claim your child, you forfeit the EIC.  

 

You cannot claim past year EIC on this year's return.  You would have to file an amended 2018 return to get 2018 EIC.  But then, your BF would have to amend to remove the child.

 

You say your BF received  "the tax credit". Claiming an unrelated person only gets him the (up to) $500 other dependent credit.  He should not have claimed the (up to) $2000 child tax credit (unless the child is also his biological child, in which case he shoulda claimed EIC).  If you have enough earned income to be asking about the EIC for yourself, you may want to re-evaluate how the two of you filed last year. This tool may be useful: https://turbotax.intuit.com/tax-tools/calculators/taxcaster/?s=1.

 

If your living situation something different, then your BF cannot claim an unrelated person.  

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