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

Where’s my refund – Kansas?

Looking for more information about your Kansas refund? Find out details on how to check your refund status, who to contact, and more from H&R Block.

What Is Virtual Tax Preparation?

Virtual tax preparations let you complete your taxes online from the comfort of your home. Find out how easy remote tax preparations can be at H&R Block.

What You Should Know Before You File Estate Taxes

What are the estate tax rules? Learn more from the tax experts at H&R Block.

Claiming an Education Credit

Not sure if your dependent can claim an education credit? Discover your options for filing or amending your return. Get tax answers from H&R Block.