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My fiance claimed our children for eic and I have claimed them as dependents and also eic. I got rejected because he already submitted his. Does he have to ammend?

 
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2 Replies
AlexanderS08
Expert Alumni

My fiance claimed our children for eic and I have claimed them as dependents and also eic. I got rejected because he already submitted his. Does he have to ammend?

No, he does not have to amend. Only one person may claim a qualifying child for purposes of the EIC. Since you got rejected, the IRS expects you to remove the dependent and refile without them. 

 

Even if your fiance wants to amend his return, you will not be able to e-file unless you remove the dependent. If he does end up amending and removing the dependent then, once his amended return has been accepted (also filed by mail and takes 4 months to process), then you can file by mail to claim the dependent that he released on his amended return.

 

I do not recommend you try to change the dependent at this point as it quite a long process with several steps to be able to change around the dependent.

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My fiance claimed our children for eic and I have claimed them as dependents and also eic. I got rejected because he already submitted his. Does he have to ammend?

if you the fiance and the children all live together in the same house then only one of you can claim the children for all child related benefits. Either he will add the children as dependents to his amended return or he will remove the children for the EIC so that you can claim all the child related benefits.

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