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Old 10-15-2012, 06:28 PM   #75
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Re: Am I right to tell him no on claiming ?


My children live with me, but I've agreed that there other parent can claim the EIC every other year. Is this a problem?

Yes. Only the parent with whom the children live for more than one-half the year may claim the EIC for those children. Federal law prohibits parents from "taking turns" claiming the EIC unless the child actually changes residence each year. When a non-custodial parent claims the EIC (for household with children), he or she runs the risk of severe penalties as well as the certainty of having to pay back all EIC amounts improperly received. A custodial parent who assists in this violation of the tax code also risks exposure to IRS penalties.

The simplest way of approaching this is to ask, "With whom does the child live for more than half the year?" Only that person, if otherwise eligible, can claim the EIC for household with children.

The child has not resided with him for more than half the year since your current arrangement didn't start until the end of August. Who claims the child as a dependent has no bearing on who can claim the child for EIC. I would document any and all communication you have with him (as in, keep it in writing, via email, text, etc) so you are able to prove you didn't permit him to claim the child under EIC.

If I were you, I would go to court if possible and get everything put in writing, starting a new arrangement.
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