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EIC. Do I qualify? I’m not legally separated/divorced but claiming HOH with 3 kids. I made $37k in 2017. I’m being told I don’t bc I’m not legally separated.

Forum|Forum|7 years ago
June 3, 2019
14 replies
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Best answer by Hal_Al

You do not have to be legally separated, but you must have been physically separated for the entire 2nd half of the year, to qualify as Head of household.

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SweetieJean

Employee

Being told by whom? State EIC requirement might be different.

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eoliverpeckAuthor

By a tax professional in my state. So when I do my taxes on turbo tax I check yes for EIC and it lets me bc I’m doing HOH and have 3 qualifying kids. I’m just confused. This tax professional said I didn’t qualify for it bc I wasn’t legally separated, which sounded wrong and wanted other opinions

macuser_22

Employee

What state? State rules might be different from Federal rules.

**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.**

Hal_Al

Employee

The tax professional was just plan wrong or there was a miscommunication (or you haven't told us everything). For example, if the pro didn't know that you lived apart from your spouse the whole last half of the year, he is correct that you didn't qualify, but would qualify if you had a legal separation. That says the same thing, but not exactly. Tax rules are convoluted like that.

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eoliverpeckAuthor

Maryland

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eoliverpeckAuthor

Yeah we’ve lived a part 2.5 years and I told her that. I’m not legally separated but I am considered “not married” bc we’ve lived a part for that long and I claim Single rate for my taxes, not married.

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eoliverpeckAuthor

We were instructed last year to claim married joint bc our tax statuses were still Married but then was told to changes it to single for 2017 year since we hadn’t lived together for a couple years, which we both did. So this year she said I could claim HOH but didn’t qualify for EIC bc our separation wasn’t “legal”.

macuser_22

Employee

As far as I can see, Maryland EIC is based on the Federal allowed EIC without any additional restrictions.

**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.**

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SweetieJean

Employee

You can claim Single only if you were legally separated via a signed court order.
Your tax pro is an idiot.
"So this year she said I could claim HOH but didn’t qualify for EIC bc our separation wasn’t “legal”."
Ask her to show you the law that says that.

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SweetieJean

Employee

You both are going to have to amend for the year(s) you filed Single.