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klepsky12
New Member

Marries filing separately in the state of PA, h

 
3 Replies
DJS
Level 7
Level 7

Marries filing separately in the state of PA, h

What is your question about filing separately in Pennsylvania? 

Married, Filing Separate Returns - Filing Status "M”

Spouses may each file separate returns instead of a joint return. Income derived from jointly owned assets must be allocated between the spouses. Some interest and dividend statements show only one name on the account even if jointly owned.

Married taxpayers must file separate returns if:

  • One spouse is a resident and the other a nonresident, unless both spouses elect to be taxed as resident taxpayers; or
  • The taxpayer and or spouse (decedent) died on or before the last day of the tax year and the fiduciary of the decedent did not give permission to file a joint return or the fiduciary of the decedent filed a return on behalf of the decedent after the filing of a joint return by the surviving spouse; or
  • If one spouse’s taxable year begins or ends on a different date; or
  • If either spouse is liable for the payment of spousal and dependent support; or
  • The taxpayer or spouse claims any restricted credit listed on PA-40 Schedule OC, Other Credits, other than the Educational Improvement Tax Credit or the Opportunity Scholarship Tax Credit. Refer to 
     

     

    PA-40 Schedule OC, Other Credits, for additional information; or
  • The taxpayer and/or spouse lives in or has a business or rental property located within a Keystone Opportunity Zone or Keystone Opportunity Expansion Zone (KOZ) and claims a credit on PA Schedule KOZ, PA Keystone Opportunity Zone Credit. Refer to PA Schedule KOZ, PA Keystone Opportunity Zone Credit, for additional information; or
  • The taxpayer or spouse is individually liable for the payment of a court ordered obligation arising from a criminal prosecution or proceeding.
Answers are correct to the best of my ability but do not constitute legal or tax advice.
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klepsky12
New Member

Marries filing separately in the state of PA, h

My question is if I can claim my children and still get the child tax credit. 

DJS
Level 7
Level 7

Marries filing separately in the state of PA, h

There are no special conditions for Pennsylvania, and Pennsylvania does not have a its own child tax credit. 

Claiming Exemptions

When you have children together and file separate returns, only one of you can claim the children as exemptions on your tax return. Usually, the parent who lives with the child for more than half of the year claims the child as a dependent on her return. But, if you both live together, you need to decide who gets to claim the child. The IRS has tiebreaker rules that decide who can claim the dependent. Typically, if you live together and file separately, the person with the higher adjusted gross income claims the dependents.

Child Tax Credit

The person who claims a child as a dependent on his tax return also gets to claim the child tax credit. More details below.

 

If you have kids, you might qualify for the Child Tax Credit, which can reduce your tax bill by up to $2,000 per qualifying child. The 2017 Tax Cuts and Jobs Act (aka "tax reform") doubled the per-child credit amount from $1,000 in 2017 and prior tax years.

To qualify for the Child Tax Credit, your child must fit all of these requirements:

  • Be under age 17 at the end of the tax year
  • Is your son, daughter, stepchild, foster child, adopted child, brother, sister, stepbrother, stepsister, half-brother, half-sister, or a descendant of any of them (for example, a grandchild, niece, or nephew)
  • Has his or her own Social Security Number
  • Lived with you for more than half the year
  • Didn't support him/herself (didn't pay more than half their own expenses)
  • Is a U.S. citizen, U.S. national, or U.S. resident alien
    • Residents of Canada or Mexico wouldn't qualify

Up to $1,400 of the credit is refundable and is phased-in based on your earned income.  In most cases, you must have $2,500 or more of earned income to be eligible for any portion of the refundable Child Tax Credit.

The $2,000 per-child credit is reduced once your AGI reaches $200,000 (or $400,000 if you're filing jointly with your spouse).

Answers are correct to the best of my ability but do not constitute legal or tax advice.
**If this post is helpful please click on "thumbs up"**
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