Married filing jointly. I made most. Husband filing 8379. Eic go to his portion or mine? And jointly we can take the child tax credit and additional but not seperately?

[jsenakievich1]

Eic go to my husband portion of the return or mine?  When he is filing injured spouse and made less money, child tax credit and additional child cant be applied to him cause he didnt make enough to take them (?)  But jointly we can take them bc i made Alot more then him.  Um so yea im comfused lol.  And how do i use schedule 5 for husband to take the additional tax credit of he cant take child tax credit?

[PhyllisG]

If your husband is claiming injured spouse, then it is suggested to allocate any tax credits on the Form 8379 to the spouse with the most income.   It is also suggested to think in the mindset of a married filing separately return. The question will arise as to who would claim the children as dependents to be able to take the applicable tax credits. 

If your husband does not qualify for the child tax credit, he cannot take the additional child tax credit.  Therefore, an allocation for the additional child tax credit should not be given to him. 

If you are in a community property state, then any deductions, credits, etc. should be divided 50/50. However, the allocation of any estimated tax payments can be decided between both spouses.

The Earned Income Tax Credit (EITC) is never shown as an allocation on the Form 8379.  The Internal Revenue Service will determine the amount for each spouse.