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silbert
Returning Member

If I want to claim the Earned Income Tax Credit from July 2024 to December 2024 and I’ve moved, how do I answer the question about mine and my spouse’s residency?

Do I say “no” because we changed our residence, or should I say “yes” because we lived together while changing our home?
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5 Replies
Vanessa A
Employee Tax Expert

If I want to claim the Earned Income Tax Credit from July 2024 to December 2024 and I’ve moved, how do I answer the question about mine and my spouse’s residency?

Where do you see this question?  What is the exact wording of this question? When you say you changed Residency, do you mean you were a Non-Resident Alien and became a resident alien? Did you live in the US for at least 6 months during the year? Are you filing a dual status return?  What were both of your residency statuses during the year?

If you are a US Citizen and lived in the US, but just moved to another home, then you would just answer that you lived in the US for the entire 12 months of the year.

If one of you were not a US Resident for at least 6 months during the year, you would not be eligible for the EITC.  This means you would have had to live in the US and be considered a US Resident from at least July 1st through the Dec 31. If you are looking at this question in EITC section, then you should have a question asking if you lived in the US for more than 6  months.  If you lived in the US for more than 6  months answer yes, even if you  moved within the US.  If you did not live in the US for more than 6 months answer no.  If you are in the Personal info section and being asked this question, then you would answer the same way as well.  

 

To claim the EITC, you and your spouse

  • must be U.S. citizens or resident aliens.
  • If you or your spouse were a nonresident alien for any part of the tax year, you must file married filing jointly 
  • U.S. Citizen with a valid Social Security number or
  • Resident alien who was in the U.S. at least 6 months of the year you're filing for and has a valid Social Security number
  • You can not have foreign earned income

 

Who Qualifies for the Earned Income Tax Credit

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If I want to claim the Earned Income Tax Credit from July 2024 to December 2024 and I’ve moved, how do I answer the question about mine and my spouse’s residency?

Please explain what filing status you are using.   If you are filing married filing separately, you are not eligible for EIC.  

**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.**
silbert
Returning Member

If I want to claim the Earned Income Tax Credit from July 2024 to December 2024 and I’ve moved, how do I answer the question about mine and my spouse’s residency?

This question has nothing to do with citizenship - we are both US citizens. The residency was just simply regarding our abode (the house where we live). We moved from one house to another during this time.

 

Question:

Since you’re filing Married Filing Separate, we need a little more info about your living situation with your spouse

 

Did you and your spouse share the same main residence from July 2024 through December 2024?

 

the confusion occurred when the question asked about the “same main residence”

silbert
Returning Member

If I want to claim the Earned Income Tax Credit from July 2024 to December 2024 and I’ve moved, how do I answer the question about mine and my spouse’s residency?

I am filing Married Filing Separate:

 

Question:

Since you’re filing Married Filing Separate, we need a little more info about your living situation with your spouse

 

Did you and your spouse share the same main residence from July 2024 through December 2024?

 

the confusion occurred when the question asked about the “same main residence”

If I want to claim the Earned Income Tax Credit from July 2024 to December 2024 and I’ve moved, how do I answer the question about mine and my spouse’s residency?

When you file using MFS as your filing status, you are not eligible for earned income credit.  Sorry.  Whether you are living together or apart, MFS disqualifies you for EIC.

**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.**
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