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

Alabama Tax Rate

Learn about Alabama tax rates and how they may affect your taxes, with help from H&R Block.

Tax Records

Learn more about keeping tax records with the experts at H&R Block.

Individual Taxpayer Identification Numbers & The Child Tax Credit

If you are filing taxes with an itin, you can claim the child tax credit. Learn more with the tax experts at H&R Block.

Can You Deduct Commuting Costs On Your Taxes?

Are commuting costs deductible on your taxes? Learn more from the tax experts at H&R Block.