It’s that time of year and we’re getting bombarded with questions about the Earned Income Tax Credit. Here’s some of the most popular questions and where to get the answers you need.
My ex has custody of my kids, but the divorce decree says that I get to claim the exemption. My ex says that she gets to because she has custody. I don’t get it, what should we do?
You’re in a situation where you “split” the exemption. Here’s information about how to do that legally:
According to my divorce decree, I’m supposed to claim the exemption for my child but my ex claimed her anyway. Should I send a copy of the decree to the IRS or the judge?
I’m not an attorney so I can’t give legal advice, but this post has information on IRS rules and court ordered exemptions: Court Ordered Exemptions
My child’s daddy is out of the picture. My boyfriend has been living with us for three years now and he’s the primary support for my child. Can my boyfriend claim may child on his tax return because it will give us a bigger refund?
No. And here’s all the reasons why: Boyfriend Can’t Claim Exemptions
I went to file my taxes and they got rejected. The IRS says that somebody else used my children’s social security numbers on their tax return. What do I do now?
Basically, you’re going to paper file your tax return. Here’s more information: My Ex Claimed My Kid
What do I need to do to qualify for the Earned Income Credit?
There are some basic rules that anybody claiming EIC will have to meet, like having a valid Social Security number for one thing. Here’s a list of the rules: Rules For Qualifying for EIC
What if I need more information?
The IRS has the EITC home page. (EIC and EITC are the same thing; earned income credit = earned income tax credit.) They have lots of worksheets to help you determine if you qualify for EIC if your children qualify, and where to get help preparing your return. Here’s the link: EIC Help
Now if you can’t find the answer you’re looking for, you can always call the IRS – their phone number is 1 (800) 829-1040. Their phones have been slammed lately so you may be on hold for awhile. A few tips: call early in the morning – like 7 am, or later in the day – like after 6pm. And it’s better to call later in the week; Monday’s the worst day to call the IRS. Please be patient and kind to the IRS agent that is answering your question – they have special rules and procedures they are required to follow.
Hi Suzanne,
I don’t believe that you will be able to claim the EIC. When the IRS gives a two year penalty–they’re saying that he used “careless and intentional disregard for EIC rules”. That’s their words, not mine.
To put it in plain English–they were pretty ticked off at your boyfriend. It might be worth getting a second opinion from the IRS–I did some research, and I’m pretty sure I’m right here–but you’ve got a special situation–you’re getting married, so that might make a difference.
But here’s the thing that’s bothering me–who told on the boyfriend? I don’t think it was you–you’re going to marry the guy. So I’m guessing that there’s somebody else who believes they have a claim to your child (probably your ex.) So I think there’s more to the story here and even if you do get a go ahead from the IRS for getting married–you may still have EIC issues.
But the way it looks to me–you and your soon to be husband will not be able to claim EIC for another two years. Sorry.
okay im curious. last tax return my bf filed with me and my daughter and they gave us partial credit for her and asked us to prove relationship between my daughter and my bf well they said no and said that he now has a penalty of two years cant claim eic. We are about to be married and he would now be able to file married with us on it. Would we be able to get the eic for her or will the penalty still stand. on the last we filed hoh they said it was wrong and fixed it to single for us.
Hey Chris,
You’re absolutely right. That’s this post: http://robergtaxsolutions.com/2011/01/eitc-awareness-day-a-contrary-view/
The EIC fraud rate is 25 percent
Chris
Owner Cel Financial Services
Registered bonded California CTEC Tax Preparer
Please visit my website for all your Income Tax Fillmore needs.
http://www.taxprepfillmore.com/