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Living separately but filing jointly with a child dependent.

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While fulfilling all but one...
living separately but filing jointly with a child dependent. While fulfilling all but one requirements for the EIC and CTC, am I entitled for this credit (and child credit as well) when I fail on the residency test?
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Submitted: 1 month ago.Category: Tax
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9/29/2017
Tax Professional: Tax.appeal.168, Tax Accountant replied 1 month ago
Tax.appeal.168
Tax.appeal.168, Tax Accountant
Category: Tax
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Hello. Thank you for choosing this Q&A service for assistance. My name is Angela. I will be assisting you.

In order to claim these credits, typically ALL the requirements have to be met.

Q: living separately but filing jointly with a child dependent. While fulfilling all but one requirements for the EIC and CTC, am I entitled for this credit (and child credit as well) when I fail on the residency test?

A: Even though you live separately, you and your spouse can claim the EITC if all other requirements are met. I see that you mentioned that you do meet the other requirements. SEE BELOW:

-------------------------------

Residency test. The child lived with the worker (or the worker’s spouse if filing a joint return) in the U.S. for more than half of 2014.

REFERENCE SOURCE:

https://www.irs.gov/newsroom/earned-income-tax-credit-do-i-qualify

I will check on the CTC requirements and get back to you shortly.

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Tax Professional: Tax.appeal.168, Tax Accountant replied 1 month ago

I have not located any information to indicate that the same residency rule that applies to claiming the EITC is not applicable to claim the CTC. I am going to say that as long as you meet the other requirements to claim the CTC, you should also be able to claim the CTC.

If further assistance is not required, I ask that you please take the time to scroll to the top of the page and select 3 or more stars to positively rate my response so that I can receive credit for assisting you. A 5 star rating is greatly appreciated. Thank you in advance.

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