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The mother of my child and I both claimed a deduction for child care. Mom claimed her as dependent, I did not. Her return got rejected. What is the reason?

Forum|Forum|7 years ago
June 6, 2019
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Best answer by DanielV01

Only one person can claim the Child and Dependent Care Credit. If you lived together, and she is claiming your daughter as a dependent, only she can claim this credit. If this is your situation, since your return has been accepted (with incorrect information), then you will need to amend your return (because you cannot claim the credit), and she will have to mail in her return; or, alternatively, e-file without the credit and then mail in an amended return claiming the credit.

However, if the situation is that you live apart and you are the Custodial Parent (the one with whom the child lived the longest and for at least 6 months and one day of the year), then only you can claim the Child and Dependent Care Credit (as well as Earned Income Credit). She would need to state that you are granting her claim of her daughter as a Dependent for limited benefits, which is her exemption and the Child Tax (and Additional Child Tax) Credit.

DanielV01Answer

Employee

Only one person can claim the Child and Dependent Care Credit. If you lived together, and she is claiming your daughter as a dependent, only she can claim this credit. If this is your situation, since your return has been accepted (with incorrect information), then you will need to amend your return (because you cannot claim the credit), and she will have to mail in her return; or, alternatively, e-file without the credit and then mail in an amended return claiming the credit.

However, if the situation is that you live apart and you are the Custodial Parent (the one with whom the child lived the longest and for at least 6 months and one day of the year), then only you can claim the Child and Dependent Care Credit (as well as Earned Income Credit). She would need to state that you are granting her claim of her daughter as a Dependent for limited benefits, which is her exemption and the Child Tax (and Additional Child Tax) Credit.

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Hal_Al

Employee

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 you and the other parent live together, only one of you can claim the child for any tax benefit. The interview is confusing (it's designed for divorced parents). The second parent should not enter the child, at all.