Can I claim EIC/Head of household if other parent is claiming our child as dependent?

[AnthonyC · Accepted solution]

Yes.  You will begin by entering your dependent's information like normal in the Personal Info section.  Enter all the information and answer the questions that come up.  Eventually, you will get to a series of questions that starts with the screen below (see attached screenshot).  The program will ask if you have an agreement with the other parent on who will claim the dependent.  You will answer Yes, if you do.  Then, you will get a questions about are you allowing the other parent to claim and you will answer Yes, if you are.  This will tell the program that you are giving the dependent exemption away to the other parent even though you are able to claim him/her.

This will allow you, as the custodial parent, to claim the Earned Income Credit, Child and Dependent Care, and Head of Household, while the dependency exemption and Child Tax Credit will go to the other parent.  Also, so you are aware, since the child's SSN will be on both parents returns, the IRS e-file system is likely to reject one of your returns and force one of you to paper file (whomever files first will be able to use the e-file).  So, if you are experiencing a rejection, you are still allowed to claim these credits, but you will need to paper file your return.