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Level 3
December 7, 2019
Solved

Can either claim credits for same dependent?

  • December 7, 2019
  • 3 replies
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unmarried couple lives together and has a child so father will claim HOH with their child and the mother will claim child for a dependent and CTC.  Can the mother also claim the EIC (if eligible income wise) and the child's daycare expenses or can only the one claiming HOH claim EIC and or daycare expenses if eligible?

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Best answer by TAXOH

Only 1 can claim the child and receive any tax benefits they would be entitled to.  You can't split the child up on returns when the parents live together.

3 replies

TAXOH
TAXOHAnswer
Level 10
December 7, 2019

Only 1 can claim the child and receive any tax benefits they would be entitled to.  You can't split the child up on returns when the parents live together.

IRonMaN
Level 15
December 7, 2019
Unless you have a chainsaw - but things could get a little messy.
Slava Ukraini!
itonewbie
Level 15
December 7, 2019

Is the couple living in one of the few remaining states where common law marriage is recognized?  If so, HoH would not be permissible for tax purposes.

As TAXOH says, you can't have the child split up between the parents who live together.  Who did provide for 50% of the support for the child anyway?

---------------------------------------------------------------------------------Still an AllStar
taxiowa
Level 8
December 7, 2019
Dad can pay for 100% support and allow mom to claim all benefits mom is eligible for.  Only rule is child cannot pay over 50% of own support which is probably not an issue for a young child.  If parent paid over 50% is qualifying relative rule only.
Ernie
Level 7
December 7, 2019

Attached is the table from The Tax Book.

TAXOH
Level 10
December 7, 2019
I saw that already.   It is basically saying if he claims the child he can go head of household.   If she claims the child she can not go head of household and has to go single.