My boyfriend and I have two children. We both work. He works full time, I work part time. He is claiming our two children on his taxes for the earned income tax credit.
My question is, since I earned less than $4000 (just started working in Oct), can I claim zero dependants and take the $160 earned income credit since I am filing single status, or am I disqualified for this because he is getting a credit back for our two children?
2007-01-09 15:16:22 · 7 answers · asked by mrjayride 2 in Business & Finance ➔ Taxes ➔ United States
Yes, you can get a small EIC even if you are not claiming any children on your return. Since you're not married, your returns are totally separate, so it doesn't matter that he's claiming the children. Your income is low enough that you can get EIC even without any dependent children.
This assumes that you are at least age 25. If you're not, then you aren't eligible for EIC without having a dependent child.
2007-01-09 17:52:59 · answer #1 · answered by Judy 7 · 2⤊ 1⤋
You can amend your past returns (up to 3 years I believe) but don't be so sure your ex didn't have the right to take the EIC. Before you go through the hassle or re-filing keep in mind the IRS allows parents of a qualifying child to decide among themselves which parent will take the EIC. However, if the parents can't come to an agreement (i.e. you argue that you both want to take the credit) the IRS will use a tie breaking system of 2 rules that will determine who gets the credit. They are #1) The parent who had custody of the child for more than 1/2 the year automatically gets to take the credit. #2) If by some chance the child lived 1/2 the year with one parent and 1/2 with the other only the parent who earned more money that year can take the credit. If you do re-file you will probably get some interest on that money as well and yes your ex will not only be audited but she will have to payback interest and penalties and will not be able to take the credit for a the next few years (even if she qualifies) as a sort of punishment for filing when she didn't qualify. Hope this helps!
2016-05-23 01:54:48 · answer #2 · answered by Anonymous · 0⤊ 0⤋
I'll have to agree with the the fact that you cannot claim EIC based on the children and that if you are at least 25, you can get the Earned Income Credit based on your income without any children (although it will be only about $300.)
The WealthBuilder
Tax Specialist
2007-01-10 03:26:24 · answer #3 · answered by WealthBuilder 4 · 0⤊ 0⤋
Your suspicion that you are disqualified for the EIC because of the children is correct.
The EIC is based on how many qualifying children you have, not how many qualifying children you put on your tax return.
Since you have a qualifying child, even though you are not claiming the Earned Income Credit for that child, you are not allowed to claim an EIC for yourself.
2007-01-10 01:04:43 · answer #4 · answered by ninasgramma 7 · 0⤊ 0⤋
You should be able to get some kind of earned income credit just for filing single and claiming yourself because you made under a certain amount of money. go to www.shaydzofluv.com for a free estimate on both of your taxes and they can let you know as soon as you fill out the info and they key it in.
2007-01-10 12:57:17 · answer #5 · answered by shaydzofluv 2 · 0⤊ 0⤋
You cannot claim earned income credit if he is claiming the two children and head of household.
2007-01-09 15:22:02 · answer #6 · answered by Nunya 4 · 0⤊ 1⤋
whoever claims the children as dependents is eligible for the earned income tax credit. therefore, that would be your boyfriend.
2007-01-09 15:33:57 · answer #7 · answered by tma 6 · 0⤊ 1⤋