If my girlfriend claimed head of household, and claimed our daughter, can I still add her to my taxes as a non-dependent?

[stevencoyazo]

My girlfriend and I live together, she filed head of household, and also claimed our daughter as we agreed upon. I added my daughter in my info on turbotax but also selected "Yes, I have an agreement with Child's other parent." when prompted to select who would claim her. The next few questions were along the same lines, will the other parent claim child per your 'legal agreement' I selected yes, then got "It turns out Child doesn't count as your dependent". This is fine, I wasn't trying to claim her but it also says "But the good news is she could help you get other tax savings." I added in her SSN and was on my way. after a few more questions it gave my new tax total and it was much higher than I was expecting and says next to my childs name "EIC or Dependent Care Credit Only". 

Is this correct? Should I remove her from my tax info completely? 

[AlanT · Accepted solution]

Yes, you should remove your child from your tax return.  

Both you and your girlfriend cannot claim the same child as a dependent on each of your tax returns.

Since your live-in girlfriend filed head of household and claimed your daughter, you cannot do the same.

Your tax return will be rejected by the IRS if you attempt to use the same child on your tax return.  

[macuser_22]

If you both live with the child, you can agree who claims the child and all the benefits.   The child can only be on one return and not on the other at all.  The benefits cannot be split.

Per the IRS: in order for parents to split the benefits the parents must have lived apart at all times during the last 6 months of the year, whether or not they are or were married.
<a rel="nofollow" target="_blank" href="https://www.irs.gov/publications/p17#en_US_2017_publink1000170897">https://www.irs.gov/publications/...>

The dependent interview is confusing since it asks about custody without really explaining what that means.   That can lead you to answer the questions in a manner that gives credits to both parents when they both live with the child which is not allowed.   The child can only be on one parents tax return and not on the other at all.

*Only* divorced or separated parents that have lived apart for the last 6 months of the year can have a *custody* agreement.   The parent that physically lived with the child is the custodial parent and the parent that did not live with the child the non-custodial parent.   Under those circumstances the custodial parent can release the child's exempt to the non-custodial parent who did not live with the child with a 8332 form (which is a custody agreement).  

When *both* parents live with the child, no such custody agreement can exist since both parents have equal custody and there is no non-custodial parent.   The dependent and all the benefits can only be claimed by one parent.