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If you were a full-year resident, you can get to the section that generates the IT-209 form by taking the steps below: 

When logged into TurboTax Online:

1.) Click on State on the left-hand side

2.) Continue to your New York return

3.) When you reach the section called Take a look at New York credit and taxes, click Earned Income Credit

4.) It will ask you if you were a non-custodial parent, click Yes, and continue through the following pages to answer the questions for your IT-209

5 replies

Answer
June 8, 2019

If you were a full-year resident, you can get to the section that generates the IT-209 form by taking the steps below: 

When logged into TurboTax Online:

1.) Click on State on the left-hand side

2.) Continue to your New York return

3.) When you reach the section called Take a look at New York credit and taxes, click Earned Income Credit

4.) It will ask you if you were a non-custodial parent, click Yes, and continue through the following pages to answer the questions for your IT-209

Level 2
March 30, 2020

The earned income credit option for non custodial Parents in the new york state return doesnt exists. Ive been looking and redoing my state return for days and still cant find it.

Level 2
February 2, 2021

Can't find where to put info for IT-209

Level 15
February 2, 2021

In order to generate NY Form IT-209, please follow these steps:

  1. While in your NY return, go to the screen, Take a look at New York Credits and Taxes.
  2. In the You and Your Family section, click the Start/Update box next to Earned Income Credit[See Screenshot #1, below.]
  3. On the screen, New York Earned Income Credit, click the Yes box to indicate you were a noncustodial parent in 2020.
  4. On the screen, Are You Eligible for the Noncustodial EIC, mark the appropriate boxes.  [Screenshot #2]
  5. Enter the child's information on the next screen, Report Children's Info.  [Screenshot #3]

According to the instructions for NY Form IT-209:

You may claim the noncustodial EIC only if you meet all of the following conditions for the tax year. You must • be a full-year New York State resident, • be at least 18 years of age, • be a parent of a minor child (or children) with whom you do not reside, • have an order in effect for at least one-half of the tax year requiring you to make child support payments payable through a New York State Support Collection Unit (SCU) pursuant to Social Services Law section 111-h, and • have paid an amount in child support at least equal to the amount of current child support you were required to pay by all court orders.

 

SCREENSHOT #1

 

SCREENSHOT #2

SCREENSHOT #2

 

SCREENSHOT #3

Level 2
February 14, 2021

This is not an option on mine, I have tried 100 times. 

Level 2
March 11, 2021

I understand how to fill the form. I do not have my daughters social security number, the mother does. When I go to the last step to complete and e file it won't let me submit without filling in the number. How can I e-file without the number. I cannot get the SS#. Is there a way to submit without it? 

Level 15
March 11, 2021

If you do not have the social security number, you will need to file the return by mail. 

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Level 2
March 12, 2021

Just tried to print the state tax to be mailed and got a letter saying 

"New York state requires this income tax return to be filed electronically"

Also says 

"New York state law requires income tax prepared using software to be e-filed." 

 

What should I do now? Print the papers and fill them out by hand??

Level 2
March 20, 2021

Non cusidatal parents this doesn't work 2 parents can not file the same child the cusidatal parents will get rejected and u will in uparrested 

Level 2
March 20, 2021

Non custodial is a form for child support

WendyN2
Level 9
March 21, 2021

No, this form is for the EIC (Earned Income Credit) that the noncustodial parent can file for even though they are the noncustodial parent. Provided that they provide more than 50% of the financial support to the "child", they do qualify (and of course their income level must be below the phase out limit which is the following:

 

You qualify if:

  • You have income from earnings (for example, from a job, your own business, union strike benefits, certain long-term disability benefits).
  • You did not receive more than $3,650 in interest or dividends, or income from rentals, royalties or stock and other asset sales during 2020.
  • You are single or, if married, do not use the Married Filing Separate status.
  • You, your spouse and children, if applicable, all have Social Security numbers.
  • You and your spouse are not considered as a qualifying child of someone else.
  • You are not excluding any income you earned in a foreign country on your return.
  • You are a citizen or resident of the United States.
  • You have dependents, OR
  • You do not have a qualifying child, but you and your spouse are between 25 and 65, not the dependents of anyone else, and you have lived in the United States for more than half of the year.

Therefore, you may be able to get the EIC if you don't have a qualifying child but meet the income requirements for your filing status. No one can claim you as a dependent or qualifying child on his or her tax return. You must be at least 25 but under 65 at the end of the year.