I'm a little confused by the whole EIC Non-Dependent Credit.
Person A is a disabled adult child who works and remains under SGA. Draws SSDI also. Person A files taxes this year and claims himself so he can get his stimulus. Personal A lives with Person B all year. He selects under My Info they can't be claimed. On their EIC form, it gives an option they can check that they were disabled and can be claimed by Person B. Person A doesn't qualify for EIC then. Person A goes to review taxes at the end, and it says Form 8862 needs reviewed and line 4 must be blank.
Person B is the mother of Person A. Person B is not claiming Person A as a dependent but can qualify for EIC on Person A for being disabled and living with them all year.
Why would the first person get that link 4 must be blank situation?
Can Person A claim themself and not qualify for the EIC and Person B(the parent) qualify for EIC on Person A in this situation as a non-dependent?
Can't a person be a qualifying child to the parent if they're totally disabled and not claimed as dependent? I thought that is what the non-dependent EIC was for.
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The term "Non-dependent EIC" can only refer to the situation where divorced parents have an agreement and the custodial parent "allows" the non-custodial parent to claim the child as their dependent. (It's a little more complicated, but that's the idea)
When this happens, the non-custodial parent still can't use the child for certain credits, and the Earned Income Credit is one of them.
In this situation, the custodial parent, although not claiming the child as their dependent, does get the EIC based on the child even though the child is not being claimed as their dependent, thus the "Non-dependent EIC"
In your situation, you would need to claim Person A as your dependent to have it impact your EIC.
The term "Non-dependent EIC" can only refer to the situation where divorced parents have an agreement and the custodial parent "allows" the non-custodial parent to claim the child as their dependent. (It's a little more complicated, but that's the idea)
When this happens, the non-custodial parent still can't use the child for certain credits, and the Earned Income Credit is one of them.
In this situation, the custodial parent, although not claiming the child as their dependent, does get the EIC based on the child even though the child is not being claimed as their dependent, thus the "Non-dependent EIC"
In your situation, you would need to claim Person A as your dependent to have it impact your EIC.
I would like to know if this can be done vice versa. My daughter lives with her dad but court papers say he gets to claim her as dependent but we have joint 50/50 custody. He makes too much for EIC so could I claim her as non dependent and get the EIC if I am the non custodial parent based on the fact that she uses his address for school and she is 17 and also works and uses his address for her job as well.
For you to qualify for the Earned Income Tax Credit, your daughter must meet the qualifications for a qualifying child. This TurboTax Help states that a qualifying child must have lived with you for more than half of the year in the United States.
The tests for a qualifying child are:
To qualify for the Earned Income Tax Credit, you must have earned income. The IRS defines earned income as:
Here are the requirements to qualify for the Earned Income Credit:
In addition, both your earned income and Adjusted Gross Income (AGI) may not exceed:
So if I can prove she was at my house even 1 day over 6 months then I am eligible? Her dad will get the exemptions and child tax credit but I have done this with my other daughter by claiming non dependent and her dad and I never had any issues but with her my address was the 1 being used for everything. I am pretty sure I can do this, I just don't know if it's going to trigger an audit or if that is just random.
To qualify for the EITC, you must:
Claim the EITC Without a Qualifying Child
Sometimes a child meets the rules to be a qualifying child of more than one person.
If your child is also the qualifying child of another person, only one of you may claim the child for the EITC and related child tax benefits.
If a qualifying child’s parents are divorced, separated or parents living apart, the noncustodial parent may be entitled to claim the EITC.
Related: Publication 596, Earned Income Credit (EIC)
To choose which person can claim the qualifying child to get the EITC, use these tiebreaker rules:
If you can’t claim the qualifying child because of the tiebreaker rules, you may be eligible to claim the EITC with no qualifying child.
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