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Level 2
posted Feb 16, 2020 7:26:58 AM

Non-Dependent Child as Qualifying Child for EIC?

My disabled adult daughter lives with me.  In the past I've been filing as Head of Household and claiming her as a dependent because she's totally and permanently disabled and I provided more than half of her support.  

 

However, in 2019 my daughter's SSI benefits were enough to cover her share of household expenses.  Therefore I will not be claiming her as a dependent when I file for 2019 (my understanding is that I cannot do so because I'm not paying for more than half of her support).  

 

Since I won't be claiming her as a dependent, I'm confused about the following:

 

(1) Is my daughter still a "Qualifying Child" for purposes of my EIC claim?  

 

(2) Am I still eligible to file as Head of Household?  

0 3 509
3 Replies
Expert Alumni
Feb 16, 2020 8:04:10 AM

Yes, based on the information provided your daughter is a qualifying child for purposes of the EITC. See this IRS Publication 5334 Step Two for the eligibility requirements for a child.

 

No, you cannot file as head of household, because your daughter doesn't meet the tests for a qualifying child or a qualifying relative.  She provided more than half her support for the year. See IRS Publication 501, Table 5 for the dependent qualifications.

Level 2
Feb 16, 2020 8:13:00 AM

Thank you.  Just to be clear: it's possible to have a Qualifying Child for EIC purposes, and still file as Single?  (i.e. the tax software wouldn't flag that as an error and default my filing status to Head of Household)

Expert Alumni
Feb 16, 2020 8:54:43 AM

Yes, that's correct.