If one parent claimed a child under earned income credit but not as a dependant can the other parent claim that child as a dependant

[JohnC11 · Accepted solution]

For the purposes of EIC, no.  Only one can.  The IRS has specific protocol set up to deal with two separate returns including the same dependent/SSN, which is necessary to get the Earned Income Credit.

If you have the legal right to claim the dependent, there is no issue. File your taxes as normal. If things go well, no news is good news.

"IF" someone has already filed a claim with the IRS using the dependent's Social Security Number the IRS WILL reject any further e-filed claim. These returns must be physically mailed to the IRS.

The IRS will eventually contact both of you to figure out who gets to claim the dependent. The losing party will then be liable for any additional taxes, penalties, and/or interest as a result of the false claim.

If this helped you, please up-vote this answer so I know you were taken care of 100%. If we need to work together further to get it resolved, please comment...we'll get it taken care of together.

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[hilary_603]

I am the custodial parent and have my daughter 95% of the time. Per our divorce decree, i allowed my ex to claim my daughter every other year (this is his year.) Because of this, I am not allowed to claim HOH? Or the earned Income credit? I filed my taxes first and went through the steps. Turbo allowed me to be HOH and get the Earned Income credit, without claiming my daughter but now my ex is upset because he is unable to claim her. Do I need to amend my taxes and not include her on there at all (therefor dropping my return significantly) so that he can claim her? Also, I have never given my ex a 8332 form. Is this a necessary step?