Can I claim eitc?

Question

I think it is called EITC, Anyway last year my tax preparer was saying I could get money back for my son, he is now 2 and a hlaf and my husband and I have seperated. I was unable to claim them in past years because my husband was not a citizen with a soc. #.
So my question now is, we are seperated but still legally married, can I claim that money when I do my taxes?

Answer 1

If you lived apart from your husband for all of the last half of 2006, you can file as Head of Household and claim the EITC if your income is within the EITC limit.

If you lived with your husband at any time in the last 6 months of 2006, you must file Married Filing Separately and cannot claim the EITC.

If your husband gets a taxpayer ID number, you could file a joint return AND claim the EITC.

Answer 2

Earned Income Credit is based on earned income, not on the number of tax deductions a person has. If you did not live with your husband for at least 6 months last year, you will be qualified by IRS rules to file as Single. If you provided more than half of your son's support last year, you may claim an exemption for him. If you provided more than half of the cost of the home, you may qualify to file as Head of Household.

People who are not citizens do file tax returns, because they use their green cards or other ID.

You will need to make absolutely sure that your husband is NOT going to claim your son's exemption on his own tax return. If he is not, you should have no problems claiming your son's personal exemption.

You'll need your son's social security card or number, and be sure to put his name on the return Exactly As It Appears on the Social Security card.

I also suggest you find another preparer to do your taxes. The person who did them for you didn't know how to handle your unique situation, and should have been able to file the return with your husband and claim your son on there.