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February 5, 2020
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Trying to claim noncustodial parent eic, I am eligible. It only gives option for EIC, then says I'm not eligible, doesnt ask if I'm noncustodial parent?

  • February 5, 2020
  • 1 reply
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Best answer by macuser_22

The non-custodial parent that did not physically live with the child more then half the year can never get the EIC or child care credit.

 

If you are the non-custodial parent where the child did not physically live for more than half the year (183 nights) then:

When you enter the dependent, you say that he is "Your child" (not you and new spouse if remarried),
He/she lived with you 0-5 months (less then 6 months),
“no” the child did not pay more than half of his/her own support,
"yes", you have a custody agreement, and
"yes” I am claiming this year.

That will give you the child as a dependent, and child tax credit.  
 
The EIC, and Child Care Credits can only be claimed by the parent where the child actually lived.    

 

You will need to attach the agreement (8332 form) to the tax return.

 

If you are filing your return electronically, you must file Form 8332 with Form 8453, (U.S. Individual Income Tax Transmittal for an IRS e-file Return). See Form 8453 and its instructions for more details.

This must be done within 3 days of your e-filed return being accepted by the IRS.
http://www.irs.gov/pub/irs-pdf/f8453.pdf

1 reply

macuser_22
Employee
February 5, 2020

The non-custodial parent that did not physically live with the child more then half the year can never get the EIC or child care credit.

 

If you are the non-custodial parent where the child did not physically live for more than half the year (183 nights) then:

When you enter the dependent, you say that he is "Your child" (not you and new spouse if remarried),
He/she lived with you 0-5 months (less then 6 months),
“no” the child did not pay more than half of his/her own support,
"yes", you have a custody agreement, and
"yes” I am claiming this year.

That will give you the child as a dependent, and child tax credit.  
 
The EIC, and Child Care Credits can only be claimed by the parent where the child actually lived.    

 

You will need to attach the agreement (8332 form) to the tax return.

 

If you are filing your return electronically, you must file Form 8332 with Form 8453, (U.S. Individual Income Tax Transmittal for an IRS e-file Return). See Form 8453 and its instructions for more details.

This must be done within 3 days of your e-filed return being accepted by the IRS.
http://www.irs.gov/pub/irs-pdf/f8453.pdf

**Disclaimer: This post is for discussion purposes only and is NOT tax advice. The author takes no responsibility for the accuracy of any information in this post.**