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I was wondering if both parents can claim child care credit?

Customer Question
Hello I was wondering...

Hello I was wondering if both parents can claim child care credit?

Accountant's Assistant: The Accountant will know how to help. Please tell me more, so we can help you best.

I know only one can care dependancy

Accountant's Assistant: Is there anything else the Accountant should be aware of?

I did my taxes before my daughters father and i claimed child care credit but not dependency and he claimed both and his got rejected

Submitted: 1 month ago.Category: Tax
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3/9/2018
Tax Professional: Lev, Tax Advisor replied 1 month ago
Lev
Lev, Tax Advisor
Category: Tax
Satisfied Customers: 32,740
Experience: Taxes, Immigration, Labor Relations
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ONLY one parent may claim the child care credit..

Although the child might meet the conditions to be a qualifying child of each of these persons, only one person can actually claim the child as a qualifying child to take all of the following tax benefits (provided the person is eligible for each benefit).
1. The exemption for the child.
2. The child tax credit.
3. Head of household filing status.
4. The credit for child and dependent care expenses.
5. The exclusion from income for dependent care bene-fits.
6. The earned income credit.
The other person can’t take any of these benefits based on this qualifying child.

.

We need to verify if both parents are living together? If not - with whom the child is living?

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Customer reply replied 1 month ago
child is living with her dad but i also pay for child care that's why i claimed the child care credit turbotax walked me thru it and also even asked if some one else was claiming her as a dependant
Tax Professional: Lev, Tax Advisor replied 1 month ago

The parent with whom child is living is considered a custodian parent.

The custodian parent is entitled for all benefits - regardless who paid expenses.

That is according to IRS rules.

You may see details and examples in IRS publication 504

https://www.irs.gov/pub/irs-pdf/p504.pdf

see page 9

Children of Divorced or Separated Parents (or Parents Who Live Apart).

The custodial parent is the parent with whom the child lived for the greater number of nights during the year.

This rule for divorced or separated parents also applies to parents who never married and lived apart at all times during the last 6 months of the year.

Sorry if you expected differently.

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Customer reply replied 1 month ago
if the parents lived together but filed separately would that make a difference?
Tax Professional: Lev, Tax Advisor replied 1 month ago

Yes - but they will have to agree who will claim the child and that person will use all tax benefits.

Or if they do not agree - they will need to identify who is the custodial parent - and that parent will be entitled for all benefits.

Normally - in such situation - the parent with higher AGI is the custodial parent.

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Tax Professional: Lev, Tax Advisor replied 1 month ago

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If you still have any doubts, need clarification - please be sure to ask.
I am here to help you with all Social Security / Tax related issues.

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