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Maybe Im completely wrong on this, but for EIC the child must be your dependent OR the other parent is claiming them as a dependent, right?

Just-Lisa-Now-
Level 15
Level 15

I keep seeing posts in other groups that people are letting the child claim their own exemption and letting the parent take EIC for the child...this can't be right, can it?

I thought the only time a child would qualify you for EIC is if they were your dependent OR if theyre not your dependent, you're the custodial parent and you've released the dependency to the non custodial parent.


♪♫•*¨*•.¸¸♥Lisa♥¸¸.•*¨*•♫♪
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5 Replies 5
TaxGuyBill
Level 14

Ignoring the comment about parents "letting" their child claim their own exemption ... 😂

Yes, EIC is allowed in SOME cases when the parent does not claim the child as a dependent.  The support test does not apply to EIC.  So if the child would qualify as a dependent (including living with parent over 1/2 of the year) EXCEPT for the fact the child paid for 1/2 of their own support, EIC is still allowed.

Likewise, it should apply if the parent chooses not to claim the child, but is eligible to (I'm not sure of a situation where that would apply, but it seems hypothetically possible).

Just-Lisa-Now-
Level 15
Level 15
OK then, Ive had it wrong in my head forever them.....it doesnt really apply to any of my clients, very few get EIC.

Its HOH that the kid has to be a dependent or the other parent claims them, that must be where my head it getting scrambled up.

♪♫•*¨*•.¸¸♥Lisa♥¸¸.•*¨*•♫♪
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TaxGuyBill
Level 14

Even for those who qualify for EIC, that situation is not common.

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Just-Lisa-Now-
Level 15
Level 15
Can a parent claim HOH with the child as a qualifier but let the kid claim themselves on their own return?

♪♫•*¨*•.¸¸♥Lisa♥¸¸.•*¨*•♫♪
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TaxGuyBill
Level 14

I'm pretty sure the answer is "no".   

I think the kid/person needs to qualify as the taxpayer's dependent (except for maybe some unusual situations like the kid can't be a dependent because they are not a Citizen or Resident of the US, etc.)