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Employee
May 31, 2019
Solved

If one parent claims a child as dependent can the other parent file for EIC? Parents aren't married or live together.

  • May 31, 2019
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Can one parent file for EIC for a child if the other parent used him as a dependent.  Parents are not married and do not live together.  They both have shared custody.
Best answer by BobinCT

Forget "shared custody" For tax/IRS purposes the 2014 '"Custodial Parent" is the one with whom the child spent th most nights.  The custodial parent had the right to claim the child as a dependent, the child tax credit, the child care credit, and Head of Household.  The custodial parent can allow the noncustodial parent to claim the dependent and the child tax credit by giving them a signed Form 8332 which they must mail a copy of to the IRS.  But only the custodial parent can claim the EIC, Head of Household, or Child Care credit.

So..the"other parent" can claim EIC if they are the custodial parent.

1 reply

BobinCTAnswer
Employee
May 31, 2019

Forget "shared custody" For tax/IRS purposes the 2014 '"Custodial Parent" is the one with whom the child spent th most nights.  The custodial parent had the right to claim the child as a dependent, the child tax credit, the child care credit, and Head of Household.  The custodial parent can allow the noncustodial parent to claim the dependent and the child tax credit by giving them a signed Form 8332 which they must mail a copy of to the IRS.  But only the custodial parent can claim the EIC, Head of Household, or Child Care credit.

So..the"other parent" can claim EIC if they are the custodial parent.

macuser_22
Employee
May 31, 2019
Also see:
See Children of divorced or separated parents (or parents who live apart)
<a href="http://www.irs.gov/publications/p17/ch03.html#en_US_2014_publink1000170897" rel="nofollow" target="_blank">http://www.irs.gov/publications/p17/ch03.html#en_US_2014_publink1000170897</a>

and,

Applying Special rule to divorced or separated parents (or parents who live apart).
<a href="http://www.irs.gov/publications/p17/ch03.html#en_US_2014_publink1000204295" rel="nofollow" target="_blank">http://www.irs.gov/publications/p17/ch03.html#en_US_2014_publink1000204295</a>
**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.**