Question

My child’s other parent is filing as head of household and claiming our child as a dependent. Can I claim our child for the EIC?

Answer

Probably not. Sometimes a child meets the tests to be a qualifying child of more than one person. Only one of them can claim the child as a qualifying child for:

No other person can claim any of these benefits unless he or she has a different qualifying child.

If two taxpayers are each eligible for claiming children on their taxes as qualifying children, they can choose who will claim the children. If they both claim the children, the IRS will apply the tie-breaker rules.

In the tie-breaker rules, when claiming a child on taxes, the benefits will be given to the parent the child lived with the longest. If time spent with each parent is equal, the parent with the higher adjusted gross income (AGI) will receive the benefits.

Related Topics

Related Resources

Can't Itemize Taxes

Find out why you can itemize your taxes with advice from the tax experts at H&R Block.

Mileage Reimbursement With A Depreciation Credit

Can you claim a depreciation credit if you have been given a mileage reimbursement? Learn more from the tax experts at H&R Block.

Claiming Parents As Dependents

Learn if you can claim your parents on your taxes with help from H&R Block.

How To Deduct Education Expenses

Need to know how to deduct job-related education expenses from your taxes? Learn about allowable education expenses and get tax answers at H&R Block.