Can I File Head Of Household Without Receiving The Child Tax Credit?
My daughter's father and i have never been married and do not live together. Our daughter lives with me and i have always claimed her on my taxes. Her father is going to claim her this year. Am i still able to file head of household and will i still qualify for earned income credit?
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Yes for HOH, if 1) you are unmarried; 2) you paid more than 50% of the cost of keeping up the main home; AND 3) if a qualifying person (read: Your daughter) lived with you for more than half the year. If you cannot claim the exemption due to a court declaration, you can claim HOH without claiming the child' exemption.
Yes, for EIC. By IRS rules (rule 9 for EIC, IRS Publ 596(see examples)), only the CUSTODIAL parent is able to claim the following: HOH filing status, child/dependent care expenses credit, income exclusion for dependent care benefits, and the EIC. If there is not a court decree, the IRS has determined that the custodial parent is the parent with whom the child lived with for more than half the year. Based on the information you gave me, only YOU can claim the EIC, HOH filing status, and the other credits. If there is a court decree stating the NONCUSTODIAL parent can claim the child's exemption, then the father can only claim the child's Exemption, and the Child Tax Credit. You are only able to claim the other benefits.
Yes, for EIC. By IRS rules (rule 9 for EIC, IRS Publ 596(see examples)), only the CUSTODIAL parent is able to claim the following: HOH filing status, child/dependent care expenses credit, income exclusion for dependent care benefits, and the EIC. If there is not a court decree, the IRS has determined that the custodial parent is the parent with whom the child lived with for more than half the year. Based on the information you gave me, only YOU can claim the EIC, HOH filing status, and the other credits. If there is a court decree stating the NONCUSTODIAL parent can claim the child's exemption, then the father can only claim the child's Exemption, and the Child Tax Credit. You are only able to claim the other benefits.
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In the case above, how the father can claim the child tax credit and the tax exemption if he is not the HOH: Filing as a single and putthing the child to get the child tax credit? Please confirm this doubt. Thabks in advance. Eric
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