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posted Jan 23, 2021 12:22:20 PM

Nondependent - for EIC/dependent care only

We are an unmarried couple with a child filing separate taxes.
The TurboTax system is letting us both add our child to our taxes, which I thought only one of us can claim. It has the child listed as my dependent and "Nondependent - for EIC/dependent care only" for my partner.

We all live in the same household, I'm filing Head of Household while my partner is filing Single. Looking at the review page gives us these numbers:

Head of House
Gross: $45XXX

Fed Deduction: $18,650

Fed Credits: $3,200

Single
Gross: $2XXXX
Fed Deduction: $12,400
Fed Credits: $2,573 

When I look further, I'm make too much for the EITC; so can my partner claim it? 

0 2 4016
2 Replies
Employee Tax Expert
Jan 24, 2021 2:57:18 PM

Yes, your partner can claim your child on his 2020 taxes as qualifying child as long as they meet the following requirements:

  • The child is related to him.
  • The child isn't claimed as a dependent by someone else.
  • The child is a U.S. citizen, resident alien, national, or a Canadian or Mexican resident.
  • The child is under the age of 19 (or 24 for full-time students).
    • No age limit for permanently and totally disabled children.
  • The child lived with him for more than half the year (exceptions apply).
  • The child didn't provide more than half of their own support for the year.

If your partner claims your child then you cannot claim your child on your tax return. You are currently both claiming your child as custodial parent and this will cause that one of your returns will get rejected when you file. 

Level 15
Jan 24, 2021 4:41:18 PM

@gtawwekid wrote:

We are an unmarried couple with a child filing separate taxes.
The TurboTax system is letting us both add our child to our taxes, which I thought only one of us can claim. It has the child listed as my dependent and "Nondependent - for EIC/dependent care only" for my partner.

We all live in the same household, I'm filing Head of Household while my partner is filing Single.

 

Only one of you should enter your child.  The other should not enter the child AT ALL.

 

The scenario where one person claims the child as a dependent and the other claims for EIC is for parents who do NOT live together.  When unmarried couples live together, TurboTax does not properly direct you how to enter things.

 

In order for you to claim Head of Household, YOU must claim the dependent.  If the other parent claims the child, you can NOT claim Head of Household (you would file as "Single").