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Level 2
posted Mar 15, 2021 9:00:44 PM

Can only claim my daughter as an exemption. Mother gets the other stuff. It won't take off EIC, or if I click can't claim, no exemption or CTC. I did the override and now can't e-file. UGH

Can only claim my daughter as an exemption. Mother gets the other stuff. It won't take off EIC, or if I click can't claim, no exemption or CTC. I did the override and now can't e-file. UG

 

0 2 255
2 Replies
Level 15
Mar 16, 2021 2:57:56 AM

 

You have not said whether all of you live together---and it makes a difference.

 

 

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.

 

If you are a non-married couple who live together then only one of you can claim the child(ren) and the one not claiming the child does not enter anything at all on their tax return about the child. 

Level 2
Mar 16, 2021 5:30:30 PM

Thank you for the response.  I had to run and deal with other things sorry didn't reply ASAP, I couldn't!!!!!!   I will go in and see what I need to change to get around this, thanks.