EIC. Do I qualify? I’m not legally separated/divorced but claiming HOH with 3 kids. I made $37k in 2017. I’m being told I don’t bc I’m not legally separated.

[SweetieJean]

Being told by whom? State EIC requirement might be different.

[eoliverpeck]

By a tax professional in my state. So when I do my taxes on turbo tax I check yes for EIC and it lets me bc I’m doing HOH and have 3 qualifying kids. I’m just confused. This tax professional said I didn’t qualify for it bc I wasn’t legally separated, which sounded wrong and wanted other opinions

[macuser_22]

What state?  State rules might be different from Federal rules.

[Hal_Al]

The tax professional was just plan wrong or there was a miscommunication (or you haven't told us everything). For example, if the pro didn't know that you lived apart from your spouse the whole last half of the year, he is correct that you didn't qualify, but would qualify if you had a legal separation. That says the same thing, but not exactly. Tax rules are convoluted like that.

[eoliverpeck]

Maryland

[eoliverpeck]

Yeah we’ve lived a part 2.5 years and I told her that. I’m not legally separated but I am considered “not married” bc we’ve lived a part for that long and I claim Single rate for my taxes, not married.

[eoliverpeck]

We were instructed last year to claim married joint bc our tax statuses were still Married but then was told to changes it to single for 2017 year since we hadn’t lived together for a couple years, which we both did. So this year she said I could claim HOH but didn’t qualify for EIC bc our separation wasn’t “legal”.

[macuser_22]

As far as I can see, Maryland EIC is based on the Federal allowed EIC without any additional restrictions.

[SweetieJean]

You can claim Single only if you were legally separated via a signed court order.
Your tax pro is an idiot.
"So this year she said I could claim HOH but didn’t qualify for EIC bc our separation wasn’t “legal”."
Ask her to show you the law that says that.

[SweetieJean]

You both are going to have to amend for the year(s) you filed Single.

[Hal_Al]

"Considered not married" is a limited tax term. It only means that you may use HoH as  a filing status if you meet the other requirements (and you apparently do). But, you are still allowed to file as Married Filing Jointly (MFJ), if the two of you can agree to o so, even though you haven't lived together for a long time.

[eoliverpeck]

Hal_Al - we filed MFJ last year and my ex-husband said it was the last year bc he didn’t want me to have any of “his” tax money. He makes $120k a year but will likely owe this year bc the only deduction he has is the home. I’m pretty sure me filing HOH and claiming our 3 kids this year benefits me more and I stay away from whatever return he’s supposedly getting back.

[Hal_Al]

Yes, you are right. HoH with 3 kids and EIC and child tax credit is definitely better for YOU.
The only way to be sure which way is best for BOTH of you would be to prepare trial returns*. Even if MFJ was best; you'd have to agree on how to split the $.

*This tool may be useful for test returns: <a rel="nofollow" target="_blank" href="https://turbotax.intuit.com/tax-tools/calculators/taxcaster/?s=1">https://turbotax.intuit.com/tax-to...>.

[Hal_Al · Accepted solution]

You do not have to be legally separated, but you must have been physically separated for the entire 2nd half of the year, to qualify as Head of household.