Discussion:EIC and Dependents

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(My income is abo)
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Revision as of 18:18, 26 May 2006

Discussion Forum Index --> Tax Questions --> EIC and Dependents

WBChris (talk|edits) said:

5 March 2006
In 2005, my Girlfriend (Wife, as of last month) and I lived together the entire year and we had a child in August. Her total income for the year was around $1200 from a temp job. Other than that income, I have provided everything from my income. On my 2005 taxes, I am filing HOH with two dependents (GF and baby). On her return, she is filing Single with someone else (Me) claiming her as a dependant. Is she eligible for the EIC because of our child? I'm guessing the answer is no, since I am claiming the same child as my dependent. I've entered all of this into TurboTax and it's showing that she IS eligible for the EIC.

Tctaxserv (talk|edits) said:

March 5, 2006
Since both of you are the parent and she has some earned income, both of you are eligible to claim the new baby for EIC. But only one person can of course.

Since she only had 1,200 in income (are will choose to claim her) it's probably better for you to claim the EIC, but can't know for sure since you did not mention your income.

Skhyatt (talk|edits) said:

5 March 2006
Assuming he otherwise qualifies, the boyfriend get's the EIC. No splitting of benefits, except in the case of divorce or separation.

Taxea (talk|edits) said:

5 March 2006
Is it possible that she is eligible because she is between 25-65 and single?

Skhyatt (talk|edits) said:

5 March 2006
See Pub. 596, pages 16-20

Riley2 (talk|edits) said:

5 March 2006
The girlfriend will not be eligible to claim the EIC with respect to the child since the child is a qualifying child of another taxpayer. The girlfriend will not be able to claim the EIC with respect to herself since she is claimed as a dependent on another taxpayer’s return.

However, if the girlfriend did not live with the boyfriend at any time during the last half of the year, then it would be possible for her to claim the EITC while releasing the dependency exemption to her boyfriend.

WBChris (talk|edits) said:

7 March 2006
My income is above the limit for the EIC, so I am not eligible. We lived together for all of 2005 and she is older than 25.

So, since I am not eligible, can she claim the EIC in respect to our child? Does the fact that she is a dependant on my return exclude her from the EIC completely? I read through Pub. 596 and still couldn't come up with an answer.

Thanks for the help!

Martineo (talk|edits) said:

26 May 2006
Does the question still need an answer?