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Ask Stephanie B. Your Own Question
Stephanie B.
Stephanie B., Enrolled Agent
Category: Tax
Satisfied Customers: 556
Experience:  MTax, EA, QuickBooks Proadvisor. Over 15 years accounting and tax experience specializing in individual and small business.
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My girlfriend have a daughter and live together. My girlfriend

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My girlfriend have a daughter and live together. My girlfriend claimed her as a dependent and claimed her for the earned income tax credit. I'm using TaxAct.com and it's telling me that I may be able to claim her for the EIC even though I'm not claiming her as a dependent. Also, my daughter has lived with us both since birth, my girlfriend already got her tax refund, but I would win under the tie-breaker rules because I have a higher AGI. Should I just not claim her at all? I don't want my girlfriend to have to pay back the money she got if it's determined that I should have gotten the EIC.

Stephanie B. :

If your girlfriend has already claimed your daughter for EIC and as a dependent, then you can not claim her again for these same credits. The rule is for a non married couple who live in the same home and both are parents of the child, the one with the highest AGI is to claim the child for EIC. This rule is in place so couples do not take advantage of the credit. Please let me know if you need more information on this subject. I am glad to be of assistance.

Customer:

Even though I have the higher AGI, I shouldn't claim her?

Customer:

At the time my girlfriend claimed her, we didn't know who had the higher AGI.

Stephanie B. :

In order for you to claim your daughter for EIC, your girlfriend will have to amend her tax return and take your daughter off of her return for EIC. You both can not claim your daughter for EIC.

Customer:

Would there be a difference in how much we each would get? I don't want to go through all the trouble unless there would be a difference. I guess this would matter much more if we weren't still together in the same household.

Stephanie B. :

There could be a difference because EIC is based on earned income. The EIC tables are created to increase EIC up to a certain point of earned income, stay the same for a while, and then decrease as earned income increases. So yes, there could be a difference between the two of you depending upon the earned income you each have.

Customer:

If you don't mind me saying so, my gf earned about 8000 and I earned about 16,000.

Customer:

where can I see the EIC table? Can I find it somewhere online?

Stephanie B. :

Yes, the EIC tables can be found at the IRS website. Here is a link. It is to the IRS Publication 596. http://www.irs.gov/pub/irs-pdf/p596.pdf There is a lot of information on the IRS website regarding EIC.

Stephanie B. :

Have I answered your question?

Customer:

yes. thank you!

Stephanie B. :

You are welcome.

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