Can I use my 2 kids to claim me for the EIC if my parents claim them as dependents?

Question

MY PARENTS CLAIM MY 2 KIDS AS DEPENDENTS BECAUSE WE LIVE WITH THEM. THE TAX PROGRAM I AM USING GIVES ME THE CHOICE TO USE THEM AS NON DEPENDENTS THAT QUALIFY FOR THE EIC. CAN I REALLY DO THIS?

WHY WOULD THE PROGRAM HAVE THE OPTION? MY PARENTS DO NOT GET THE EIC IF THAT MAKES A DIFFERENCE.

Answer 1

No! If your parents claim your child as their "qualifying child" only they can claim the EITC and other credits and tax treatments. The rules on this are VERY specific. See IRS Pub 501, page 12.

You'll need to work out with your parents which way will provide the best tax treatment for the family unit as a whole. If your parents don't qualify for the EITC due to their income, it may be best for you to claim the children and the EITC yourself. You can also split the children between yourself and your parents if that works out best for all of you.

The program would offer you the option if you incorrectly told the program that you had dependents. Since your parents claimed the children, you do NOT have dependents. And you don't have "non-dependents" that are eligible for the credit either. Alternatively it's possible that the program is simply wrong on the issue.

The bottom line is this: The IRS rules are very specific and if you look up my reference you'll see it plainly. Here's a link: http://www.irs.gov/pub/irs-pdf/p501.pdf

Answer 2

Yes you can only if they only claim them as dependents and not the eic . or each one of you can claim one child as dependent and qualifying child. If their income is too high for eic you claim them both as qualifying children only

Answer 3

No you can't use them to claim EIC.

Answer 4

Not if they are being claimed by someone else

Answer 5

Absolutely not.