Can EIC be claimed with nondependent children? Tax return keeps getting rejected although children are not being claimed.

[DawnC]

If you are not claiming the dependents, they should be removed from your return.   Remove a dependent.    To qualify for the EITC, a qualifying child must:

• Have a valid Social Security number
• Meet all 4 tests for a qualifying child
• Not be claimed by more than one person as a qualifying child

[xmasbaby0]

Are you the custodial parent?

 Do you have an agreement with the other parent to allow the other parent to claim them--due to divorce or that you live apart and share custody?  Did one of you sign a Form 8332?

If there is a signed 8332 then the custodial parent retains the right to file as Head of Household, get earned income credit and the childcare credit.  The non-custodial parent gets the child tax credit for children under the age of 17.

As far as the IRS is concerned, the custodial parent is the one with whom the child spent the most nights during the tax year--at least 183 nights.