Ok, my (ex) husband and I got divorced in 2001 and according to our divorce papers he gets to claim her for even years IF his child support is current at the end of the year. Well, I'm waiting for documentation from the Prosecutor's office (he lost his job at one point, but made additional payments), but I think he may have actually caught it up! I was on TurboTax trying to get an estimate of what my federal tax return would be without claiming her as an exemption and it wouldn't give me the child tax credit for her. I could've sworn that the custodial parent (she lives with me all 12 months) still got the child tax credit and EIC even if they weren't able to claim them as dependents.
2007-01-17 07:01:32 · 6 answers · asked by reandsmom77 6 in Business & Finance ➔ Taxes ➔ United States
You are correct. The custodial can receive the EIC even if they cannot claim the child as a dependent.
The IRS FAQ's regarding the EIC may help.
2007-01-17 07:10:19 · answer #1 · answered by CPA 2 · 1⤊ 0⤋
There were changes made to the Uniform Definition of CHILD in 2005. The person claiming the child as a dependent is the one who gets all the credits and deductions. When the law changed, it was no longer possible to split up these credits between the parents. If you aren't the one claiming the child as a dependent on your taxes, you don't get the child tax credit or EIC this year.
2007-01-17 14:35:52 · answer #2 · answered by TaxGurl 6 · 0⤊ 2⤋
He can in common words declare her in case you provide him style 8332. you're the custodial figure and also you're entitled to each of the tax advantages. He receives no longer something and paying newborn help would not change that. in case you provide him style 8332 he receives the dependency exemption and newborn tax credit. you preserve the right to declare head of major different and toddlers status and EIC even regardless of the reality that you're not any further claiming her as a depending. in case your divorce says that he receives to declare her, then you definately might want to provide him style 8332 or you may want to be in problem for violating your divorce contract (although you'll not be in any problem with the IRS). If the divorce would not say who receives to declare her then its your determination no matter if you declare her or provide him the 8332 style. If he illegally claims her then your digital go back will be rejected. record by technique of mail and declare her. The IRS will see the reproduction declare and check out. once you provide them evidence that your daughter lives with you over 1/2 the three hundred and sixty 5 days, they are going to procedure your go back and concern your refund. Your ex receives a huge tax invoice with consequences and interest on right.
2016-10-15 09:08:46 · answer #3 · answered by ? 4 · 0⤊ 0⤋
No, you don't get the child tax credit if the child is not claimed as your dependent for that year. But she probably still qualifies you for the EIC.
2007-01-17 14:50:31 · answer #4 · answered by Judy 7 · 0⤊ 0⤋
You are correct, you still get the tax credit and EIC. The EIC form has a place to enter your "qualifying dependent" which is independent of who you claim on the front of your 1040. In other words, you lose the deduction for your child, but you can still get the Tax Credit (you must fill out form 8901) and the EIC (SCH EIC).
2007-01-17 07:11:43 · answer #5 · answered by It'sjustme 2 · 0⤊ 1⤋
My understanding is that you cannot claim any of the credits/expenses if you cannot claim the child they are directly related.
2007-01-17 07:07:09 · answer #6 · answered by Gem 7 · 0⤊ 4⤋