Who should claim the child?

Forum|Forum|2 years ago
October 25, 2023
1 reply
1 view

Hi, new father here.

Should my partner claim my child on her taxes? Should had no income in 2022.

Or, should I claim my child on my taxes? I made $32k in 2022.

is the tax credit the same? Are there advantages/disadvantages to who claims the child on their taxes?

Thank you!

Ask the Experts - Extension - Sept 2023

emina

Level 5

Hello, thanks for joining us today!

Congrats on becoming a father!

Child should be claimed by the parent who qualifies to do so.

The child must be your son, daughter, stepchild, foster child, brother, sister, half brother, half sister, stepbrother, or stepsister, or a descendant of any of them.
The child must be (a) under age 19 at the end of the year and younger than you (or your spouse if filing jointly); (b) under age 24 at the end of the year, a student, and younger than you (or your spouse if filing jointly); or (c) any age if permanently and totally disabled.
The child must have lived with you for more than half of the year.
The child must not have provided more than half of the child’s own support for the year.
The child must not be filing a joint return for the year (unless that joint return is filed only to claim a refund of withheld income tax or estimated tax paid).

Shortly, if the tests above are met, the child lived with you for over six months, and if you provided more than half of the support for this child, you are the one entitled to claim the child.

Hal_Al

Level 15

If you and the other parent live together, either one of you (but not both) may claim the child. You may decide between you which one will claim the child. Only if you can’t agree, do the IRS tie breaker rules apply, to see who has first choice. It may be worthwhile to prepare trial returns, both ways, to see which way the family comes out best. This tool may be useful: https://turbotax.intuit.com/tax-tools/calculators/taxcaster/?s=1.

If your partner has no earned income, it's almost certain that the family will come out better if you claim the child. In addition to the child tax credit and earned income credit, you probably also qualify for Head of Household HoH) Filing status. HoH rules:

https://turbotax.intuit.com/tax-tips/family/guide-to-filing-taxes-as-head-of-household/L4Nx6DYu9

A common error is when unmarried parents live together, If you and the other parent live together, only one of you can claim the child for any tax benefit. The TurboTax interview is confusing (it's designed for divorced parents, who are allowed to split the child). The second parent should not enter the child, at all.