If I don't claim my child as a dependent, can I claim the childcare credit?
You usually can't claim the child and dependent care credit for a child who wasn't your dependent. The only exception is if the child would have been your dependent, except for 1 or more of these reasons:
The child had gross income of $3,700 .
The child filed a joint return to claim a refund only.
Someone else could claim you, or your spouse if filing jointly, as a dependent.
You and your spouse are divorced or separated and living apart, and either of these applies:
The noncustodial parent is claiming your child as a dependent since you signed a waiver.
The noncustodial parent was allowed to claim the child pursuant to a divorce decree. The noncustodial parent could claim the child as a dependent and for purposes of the child tax credit. You can claim the child and dependent care credit if otherwise eligible. Under this circumstance, your child will still be considered a qualifying child for the credit. However, you must still meet the other requirements.
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This advice is for general information purposes only and may not apply to you. Every tax situation is different. This is not intended to be legal advice. Taxpayers should consult an H&R Block Tax Professional regarding their individual tax situation.