Turbotax tells me I can claim the EITC, but the IRS website makes me think I can't.

[Bdoelling]

My daughter's mother and I cohabitate, but are not married. I marked that my daughter's mother will be claiming her this year, and she was then marked as nondependent, as expected. Turbotax then tells me I qualify for the EITC based on my qualifying child. However, the IRS website seems to say that the parent claiming the child as a dependent is eligible for all child-related tax credits, including the EITC. Without a qualifying child, my income is over the single filing limit (which is like 16k?). I should not be able to claim this credit without claiming my child as my dependent right?

[xmasbaby0 · Accepted solution]

Wait...if you all live together as a family---which is what it sounds like, forget about that form 8332.  That is for divorced or never married parents who live APART and share custody in some way.  It is not for couples who live together.   

Only one of you should have anything about your child on a tax return.  The one who is claiming the child claims the child for all the child-related credits and Head of Household filing status.   The other person just files as Single without entering anything at all about the child.   

[Bdoelling]

Ok, that makes more sense, I'll just delete her entirely off mine. Thanks!

[Bsch4477]

Note the criterion #2 for filing Head of Household. 

You may be able to file as head of household if you meet all of the following requirements.
1. You are unmarried or considered unmar- ried on the last day of the year. See Mari- tal Status, earlier, and Considered Unmar- ried, later.
2. You paid more than half of the cost of keeping up a home for the year.
3. A qualifying person lived with you in the home for more than half the year (except for temporary absences, such as school). However, if the qualifying person is your dependent parent, your dependent parent doesn't have to live with you. See Special rule for parent, later, under Qualifying Per- son.