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phillimatt
Level 1

Why does turbotax allow you to enter your childs information if the other parent has already claimed said child?

 
7 Replies
CatinaT1
Expert Alumni

Why does turbotax allow you to enter your childs information if the other parent has already claimed said child?

Because in some cases, like in the Special Rule for Divorced and Separated Parents, both parties would include the child for different tax benefits.

 

And the biggest reason is the TurboTax does not know if the other child has been claimed or not - only the IRS knows this.

 

 

Special Rule for Divorced and Separated Parents

The IRS looks at who the custodial parent is and who is not.  The custodial parent is who the child lives with for more time during the tax year.

 

When you allow a non-custodial parent to claim a child, you are only releasing the ability to claim the child for Child Tax Credit under the special rule for divorced and separated parents.

 

The custodial parent retains tax benefits related to Head of Household filing status, Earned Income Credit, and the Child and Dependent Care Credit.  To be eligible for these credits, the child must have lived with you for more than half the year, so the non-custodial parent is not eligible for those credits.

 

This article will give you more information: Divorced and Separated Parents

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phillimatt
Level 1

Why does turbotax allow you to enter your childs information if the other parent has already claimed said child?

Why when I enter in my childs information and put that I am not claiming her and then turbotax tells me she does not qualify as my dependent , it still gives me the EIC? 

DaveF1006
Expert Alumni

Why does turbotax allow you to enter your childs information if the other parent has already claimed said child?

You can still claim your child for EIC purposes even though she is not your dependent.  According to IRS.gov. your child qualifies:

  1. Relationship  Your son, daughter, adopted child1, stepchild, foster child2 or a descendent of any of them, such as your grandchild Brother, sister, half brother, half sister, step brother, step sister or a descendant of any of them, such as a niece or a nephew.

  2. Age At the end of the filing year, your child was younger than you (or your spouse if filing a joint return) and younger than 19At the end of the filing year, your child was younger than you (or your spouse if filing a joint return), younger than 24, and a full-time student. At the end of the filing year, your child was any age and permanently and totally disabled3

  3. Residency The child must have the same main home as you (or your spouse if filing a joint return) in the United States4 for more than half of the tax year.

i would imagine your child qualifies because they lived with you for more that 6 months in 2019.

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phillimatt
Level 1

Why does turbotax allow you to enter your childs information if the other parent has already claimed said child?

So, If the other parent has already claimed our child do I have to delete our child from my tax return as if she doesnt exist? Because when I finalize my taxes with our child included (but said I did not claim her) turbotax gives me the EIC of about $3,000 but then when i transmit my returns they keep getting rejected because her SSN was already on an accepted return for 2019 

ColeenD3
Expert Alumni

Why does turbotax allow you to enter your childs information if the other parent has already claimed said child?

Under divorced and separated parents' rules, the custodial parent can claim Head of Household, EIC and Child Care Credit. They have the option to release the claim of exemption to the non-custodial parent who can then claim the Child Tax Credit.

 

 A non-custodial parent is never entitled to HOH, EIC or Child Care.

 

Custodial parent and noncustodial parent.   The custodial parent is the parent with whom the child lived for the greater number of nights during the year. The other parent is the noncustodial parent.

  If the parents divorced or separated during the year and the child lived with both parents before the separation, the custodial parent is the one with whom the child lived for the greater number of nights during the rest of the year.

  A child is treated as living with a parent for a night if the child sleeps:

  • At that parent's home, whether or not the parent is present, or
  • In the company of the parent, when the child doesn't sleep at a parent's home (for example, the parent and child are on vacation together).

Equal number of nights.   If the child lived with each parent for an equal number of nights during the year, the custodial parent is the parent with the higher adjusted gross income (AGI).

 

@phillimatt

 

 

phillimatt
Level 1

Why does turbotax allow you to enter your childs information if the other parent has already claimed said child?

We are not separated or divorced. We live in the same household and we are not married. She has already filed her taxes and claimed our child so for my taxes do I have to erase my child off my taxes as if I don't even have a child?

KatrinaB48
Expert Alumni

Why does turbotax allow you to enter your childs information if the other parent has already claimed said child?

Yes, you should remove the child from your return. When a couple lives together all year only one can claim the same child and all related credits.

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