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Okey!! I have 3 children and live with my spouse for 11 years. He works and I go to school. I did have a part time job for over a month and I think I gross almost 2000 and not sure how much fedreal they took out,but I was wondering if I can still claim taxes or receive EIC. Or is it possible for my spouse to claim me on his taxes?

2006-11-10 05:07:29 · 4 answers · asked by Mami 3 in Business & Finance Taxes United States

4 answers

Well, the last answerer did not answer the first part of his statement correctly. The law does not state the person with the higher AGI gets to claim EIC. For example, if you and your hubby were simply BF and GF and living together with kids, then you could file taxes as single. Whoever made more money would get the Head of Household filing status, provided they had children to claim. If they are your children in common, you may divide them up as you see fit. If they are his kids, only he gets to claim them. If they are your's, then only you get to. Any person with EARNED INCOME, income from a job you WORK at, can claim EIC provided they meet the rules given. If you don't have children, you must be a certain age and make under a certain amount to get it. Your best bet in your situation is to do married filing jointly because you are married. If your hubby chose to file seperatly, then he could claim head of household and claim the children because he made more money. It makes sense to file together because filing seperalty, you get more penalties and don't get to claim very many credits. Hope this helps.

2006-11-10 06:44:06 · answer #1 · answered by Anonymous · 1 0

Previous responders said a lot that is correct, but also had errors in their responses.

A person who is married cannot file head of household unless their spouse did not live in the home at any time during the last six months of the year.

A spouse is not claimed as a dependent, although for married filing jointly, an exemption is given for each spouse.

Since you are married, your choices are married filing jointly or married filing separately. A person with filing status married filing separately is not eligible for the EIC. For a married couple filing jointly, the EIC is figured on the total income of both people together.

Your best option is almost always married filing jointly.

2006-11-10 09:10:51 · answer #2 · answered by Judy 7 · 1 0

The law states that the person with the highest income in the household is the only person eligible to claim the EIC credit. That would be your husband, based on your information. If you are legally married you should be filing as "Married, Filing Joint". That is the best way for you file because your husband gets you as a dependent and your standard deduction doubles.

2006-11-10 05:34:59 · answer #3 · answered by Great Tax Info 2 · 0 2

The correct way to file is "married filing jointly", he reports his income, you report yours and the amount of EIC depends on how much you made together.

They already published the table for 2006.

2006-11-10 05:33:51 · answer #4 · answered by NANA 3 · 0 0

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