Solved: I can't claim earned income on my child outside of my marriage because of form 8332 but we have to of our own and we file together. How will this work
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bryanna1023
New Member

I can't claim earned income on my child outside of my marriage because of form 8332 but we have to of our own and we file together. How will this work

If i can claim earned income credit  on my child that I have 8332 form for how will this affect my taxes when I file with my wife and our two kids that live with us

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macuser_22
Level 15

I can't claim earned income on my child outside of my marriage because of form 8332 but we have to of our own and we file together. How will this work

No.  You cannot.  If you are the receiver of then 8332 form then you did not physically live with the child. 

Both the EIC and Child Care Credits require that the parent claiming those credits must have physically lived with the child more than half the tax year (more than 183 nights).

The custodial parent that issued the 8332 form can claim those credits, not you.   You can claim the child's exemption and child tax credit (if the child was under age 17 at the end of 2017) - nothing else.

**Disclaimer: This post is for discussion purposes only and is NOT tax advice. The author takes no responsibility for the accuracy of any information in this post.**

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1 Reply
macuser_22
Level 15

I can't claim earned income on my child outside of my marriage because of form 8332 but we have to of our own and we file together. How will this work

No.  You cannot.  If you are the receiver of then 8332 form then you did not physically live with the child. 

Both the EIC and Child Care Credits require that the parent claiming those credits must have physically lived with the child more than half the tax year (more than 183 nights).

The custodial parent that issued the 8332 form can claim those credits, not you.   You can claim the child's exemption and child tax credit (if the child was under age 17 at the end of 2017) - nothing else.

**Disclaimer: This post is for discussion purposes only and is NOT tax advice. The author takes no responsibility for the accuracy of any information in this post.**

View solution in original post

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