Someone asked me if they could file separately while still married and get the earned income credit. Another question is what about if someone says they are separated?
2007-01-29 06:23:39 · 4 answers · asked by Kyle 2 in Business & Finance ➔ Taxes ➔ United States
No, if you are married you MUST file a joint return with your spouse to qualify for the EITC.
Exceptions:
1. If you are legally separated under a decree of separate maintenance you may file Single or HoH as appropriate and may qualify for the EITC.
2. If you are married but lived apart from your spouse for the ENTIRE last half of 2006 and meet other custody and support tests you may be able to file as HoH and may qualify for the EITC.
Any time your filing status is Married Filing Separately, you are automatically disqualified from claiming the EITC.
2007-01-29 06:35:06 · answer #1 · answered by Bostonian In MO 7 · 3⤊ 0⤋
If you are still married and living in the same household, you can file "Married Filing Separate", but you cannot take the Earned Income Credit.
If you are legally separated, then the person that the child lived with the most out of the year can claim the child and file "Head of Household" and take the earned income credit.
2007-01-29 06:32:58 · answer #2 · answered by sweetnsexy_38 2 · 1⤊ 0⤋
Children can only be claimed once for EIC per year and by only by 1 parent. If there are 2 children you can both claim 1.
2007-01-29 06:33:19 · answer #3 · answered by Snowbunny 1 · 1⤊ 2⤋
No...See Bostonian's answer.
2007-01-29 07:12:43 · answer #4 · answered by Weetie 3 · 0⤊ 0⤋