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jbyb
New Member

EIC question

Filing status is single. In the household section I listed I have a child and identified her as a non dependent. In the later section for deductions and credits, EIC, it said I qualify for this credit. However her father is claiming her as a dependent on their tax return. I try to file my taxes and it kicks back with my tax return being rejected because of SEIC-F1040-506-04 (child's SSN found on another tax return). Am I supposed to take my child's information off my tax return completely to be able to refile my tax return? It's confusing and needing help. She's on my return as a nondependent  (because I'm not claiming her on my taxes) so how do I make sure I do not collect the tax credit because someone else already is. 

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4 Replies

EIC question

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.  If the child is 17 or older the non-custodial parent gets the $500 credit for other dependents.

 

If you and the other parent have a signed agreement, you need to indicate in MY INFO that you have such an agreement.

 

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 with your child, 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.   The “sharing” of child-related credits you may have heard about is only possible between divorced or never married parents who live apart and share custody and who have a written agreement to share the credits.    The child’s SSN can only be entered on one tax return.   Any other return with the child’s SSN on it will be rejected.   If you are a family, then work out how to share the refund between yourselves.

**Disclaimer: Every effort has been made to offer the most correct information possible. The poster disclaims any legal responsibility for the accuracy of the information that is contained in this post.**
jbyb
New Member

EIC question

Yes we live together and are unmarried in 2024. My partner is the Head of Household due to the higher AGI. So the answer to have my tax return not get rejected is to take the child off my tax return completely correct?

EIC question

@jbyb Yes---in your situation you need to completely remove the child from your own return.  The other parent is claiming the child for HOH filing state and any other child-related credits.

**Disclaimer: Every effort has been made to offer the most correct information possible. The poster disclaims any legal responsibility for the accuracy of the information that is contained in this post.**
Hal_Al
Level 15

EIC question

This is common error is when unmarried parents live together,  If you and the other parent live together, only one of you can claim the child for any tax benefit. The TurboTax interview is confusing (it's designed for divorced parents, who are allowed to split the child). The second parent should not enter the child, at all. The "non dependent" classification is only for divorced or separated parents. not those that live together. 

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