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If you are not divorced yet you can file Joint to get the credit. There are several credits you can't take when filing separately, like the
EITC Earned Income Tax Credit
Child Care Credit
Educational Deductions and Credits
See …….
see complete answer from @Opus 17
@Critter-3 that is not quite correct.
@u18cg490 If you have a dependent care benefit at work (work provided day care or a flexible spending account) and you are filing as married filing separately, the maximum benefit that can be excluded from income tax is $2500 (it is $5000 for married filing jointly).
Additionally, the parent with the DCB can only use the benefit if they also claim at least one qualifying child as a dependent. If the parent who claims the child as a dependent is the parent who has a DCB, then the first $2500 of care costs are excludable from income. If the dependent care benefit was $5000, the remaining $2500 must be added back to the employee’s taxable income, although there is no penalty for this situation. The dependent care credit cannot be claimed for any difference in costs, so the maximum possible benefit when married filing separately is a $2500 DCB (FSA). .
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