@wifey615 wrote:
i am the grandmother - child lived with me for all of 2020, but will be claimed by her mother for 2020 taxes. I need to file HOH (vs. single) to reduce my liability, but also want mother to be able to claim child.
I read this or IRS webste:
You may be able to qualify for the earned income credit under the rules for taxpayers without a qualifying child if you have a qualifying child for the earned income credit who is claimed as a qualifying child by another taxpayer. For more information, see Pub. 596..
Example 3—two persons claim same child.
The facts are the same as in Example 1 except you and your mother both claim Jane as a qualifying child. In this case, you, as the child's parent, will be the only one allowed to claim Jane as a qualifying child. The IRS will disallow your mother's claim to the five tax benefits listed earlier based on Jane. However, your mother may qualify for the earned income credit as a taxpayer without a qualifying child.
so my question - how do I qualify for the earned income credit as a taxpayer without a qualifying child. I ready Pub 596, but couldn't find any info regarding
Did the mother also live with the child?
What you quoted above ONLY applies to *parents* that are separated ad have lived apart for the last 6 months of 2020. It does NOT apply to grandparents.
If you BOTH lived with the child more than half the year then only one clam claim the child and ALL the benefits - they cannot be split.
Qualifying Child of More Than One Person
[Quote from IRS Publication 501]
Sometimes, a child meets the relationship, age, residency, support, and joint return tests to be a qualifying child of more than one person. Although the child is a qualifying child of each of these persons, only one person can actually treat the child as a qualifying child to take all of the following tax benefits (provided the person is eligible for each benefit).
1. The child tax credit or credit for other dependents.
2. Head of household filing status.
3. The credit for child and dependent care expenses.
4. The exclusion from income for dependent care benefits.
5. The earned income credit.
The other person can’t take any of these benefits based on this qualifying child. In other words, you and the other person can’t agree to divide these tax benefits between you.
Tiebreaker rules.
To determine which person can treat the child as a qualifying child to claim these five tax benefits, the following tiebreaker rules apply.
1 - If only one of the persons is the child's parent, the child is treated as the qualifying child of the parent.
2 - If the parents file a joint return together and can claim the child as a qualifying child, the child is treated as the qualifying child of the parents.
3 - If the parents don't file a joint return together but both parents claim the child as a qualifying child, the IRS will treat the child as the qualifying child of the parent with whom the child lived for the longer period of time during the year. If the child lived with each parent for the same amount of time, the IRS will treat the child as the qualifying child of the parent who had the higher adjusted gross income (AGI) for the year.
4- If no parent can claim the child as a qualifying child, the child is treated as the qualifying child of the person who had the highest AGI for the year.
5 - If a parent can claim the child as a qualifying child but no parent does so claim the child, the child is treated as the qualifying child of the person who had the highest AGI for the year, but only if that person's AGI is higher than the highest AGI of any of the child's parents who can claim the child.
Subject to these tiebreaker rules, you and the other person may be able to choose which of you claims the child as a qualifying child.
[end quote]
https://www.irs.gov/publications/p501#en_US_2018_publink1000220917
**Disclaimer: This post is for discussion purposes only and is NOT tax advice. The author takes no responsibility for the accuracy of any information in this post.**
