Question

Do i have to file jointly in order to get EIC?

Forum|Forum|2 years ago
January 31, 2024
1 reply
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How do i get the earned income credit when filing separately from my spouse?

TurboTax Free Edition Online

You aren't entitled to an earned income credit if you file as married-separate. The only way you can get an earned income credit if you are married is to file as married-joint or as head of household. To file as head of household, you need to have lived apart from your spouse for the last half of the year and maintain a home in which one or more dependents you support live. You can learn more about the head of household status here: Head of Household filing status

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M

Mike9241

there is another rule that may allow you the EIC

you were legally separated according to state law under a written separation agreement or a decree of separate maintenance and didn't live in the same household as your spouse at the end of the year

IRC 32(d)(2)(B)(iii)(ll)