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EITC

rust
Level 1

Two unmarried taxpayers who live together have a child. One has income of $85K and one has income of $35K. Can the taxpayer with income of $35K claim the earned income tax credit?

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4 Replies 4
TAXOH
Level 11
Level 11

Yes.  That person would file single, claim the exemption for the child and all other tax credits related to the child.  The higher income earner would also file single.

Jamierac
Level 2

As long as they both agree since the taxpayer with the higher income holds the tiebreaker in the case where both tried to claim this dependent.  (all other factors being equal such as time lived with the dependent)

janine
Level 3

If they are both the biological parents, yes.  Make sure you have copy of birth certificate (per circular 230).

Yes, the taxpayer with lower income should claim the child.  Make sure the other requirements are there met

Relationship, age, residency, support. 

Jamierac
Level 2

Support is not a factor with a QC only with a QR