I filed married filing sep. (didn't live with wife for more than 6 mos. and claim a kid from another marriage) and TT says I met req. for EITC. IRS says no. What do I do?

[PETEFROELICH]

*IRS sending me a letter about why they think I did not qualify. Do I amend my return? What form or info. do I need to send in? Thanks for the help!

[Vanessa A]

Did your child live with your for more than 6  months during the year?  Did someone else claim your child? Why did the IRS say they don't think you qualify? Are you the custodial parent?
 

Generally, this would happen if the information you provided on your return didn't match something they had or someone else claimed your child.

[xmasbaby0]

You say that you filed "married filing separately.  You cannot get earned income credit with that filing status.   If you lived apart from your spouse for at least the last six months of 2024 and you claimed a dependent child, you could have filed as Head of Household and then you could be eligible for earned income credit.

Am I Head of Household?

https://ttlc.intuit.com/turbotax-support/en-us/help-article/tax-filing-status/qualify-head-household...

• What is a "qualifying person" for Head of Household?

If you qualify as Head of Household, when you enter your marital status (single or married filing separately) into MyInfo, and then enter your qualifying dependent, TurboTax will offer HOH as your filing status.

https://ttlc.intuit.com/turbotax-support/en-us/help-article/tax-credits-deductions/qualifications-ea...

https://www.irs.gov/credits-deductions/individuals/earned-income-tax-credit/use-the-eitc-assistant

https://www.irs.gov/pub/irs-pdf/p596.pdf

[Fasi]

I got married in October 2024 to a single mother who has a biological child. For the 2024 tax year we filed jointly with me as the primary taxpayer. My spouse did not have any income in 2024. We claimed the child as a dependent but I did not claim the Earned Income Credit (EIC) because I believed the child did not live with me for more than half the year. The child has lived with his biological mother who's now my wife his entire life.

I recently received IRS notice CP09 which states
"You may qualify for a refund of up to $7,830.00. Your 2024 tax return shows that you have kids and might qualify for extra cash through the Earned Income Credit (EIC) but you did not claim the EIC on your return.”

The notice instructs me to complete and submit Form 15111.

I am seeking expert advice on the following:

-Based on the information provided do we actually qualify for the Earned Income Credit under these circumstances

-Is it appropriate and advisable to submit Form 15111 as requested by the IRS

-Are there any potential risks or important considerations I should be aware of before responding to this notice

Thank you for your guidance

[xmasbaby0]

You are now the step parent of your spouse's child.   If you filed a joint tax return with your spouse---which you say you did--and claimed the child as your dependent on that joint return, it would be fine for you to get the earned income credit.  So, yes, complete Form 15111 and submit it--following the IRS instructions carefully.

[Opus 17]

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@Fasi wrote:

I got married in October 2024 to a single mother who has a biological child. For the 2024 tax year we filed jointly with me as the primary taxpayer. My spouse did not have any income in 2024. We claimed the child as a dependent but I did not claim the Earned Income Credit (EIC) because I believed the child did not live with me for more than half the year. The child has lived with his biological mother who's now my wife his entire life.

Because you were legally married on December 31, and the child lived with one of the parents for more than half the year, you can claim the child as an eligible dependent for EITC on your joint return.  It is not necessary for the child to have lived with both parents equally.