12-Jul-2019 4:58pm
12-Jul-2019 5:35pm
To qualify for the Child Tax Credit, you must have a child or dependent who meets all of the following requirements:
Age: The child must have been 16 or younger on December 31 of the tax year.
Citizenship: The child must be a United States citizen, a United States national, or a resident alien.
Dependent:The child must be claimed as a dependent on your tax return.
Relationship:The child must be related to you in one of the following ways: son, daughter, stepson, stepdaughter, brother, sister, stepbrother, stepsister, grandchild, niece, or nephew. This includes any legally adopted child, any child lawfully placed with you in preparation for adoption, and any foster child lawfully placed in your care.
Residency: The child must have lived with you for more than half of the year (stayed with you for at least 183 nights). Temporary absences for special circumstances are generally acceptable, and special rules may apply if you are divorced or for certain other circumstances.
Support: The child must NOT have provided more than half of his or her own financial support for the year.
12-Jul-2019 5:45pm
12-Jul-2019 5:47pm
12-Jul-2019 6:29pm
smallreality wrote:just seems like overkill amending the husband's when we can just take it now on the wife's.
12-Jul-2019 6:46pm
smallreality wrote:Is it really worth amending husband's return for the $2k credit?
12-Jul-2019 8:43pm
12-Jul-2019 9:21pm
12-Jul-2019 11:04pm
13-Jul-2019 5:08am
Except as provided in subparagraphs (B) and (C)
13-Jul-2019 8:23am
IRS wrote:Subject to these tiebreaker rules, you and the other person may be able to choose which of you claims the child as a qualifying child.
13-Jul-2019 10:31am
If the parents don't file a joint return together but both parents claim the child as a qualifying child, the IRS will treat the child as the qualifying child of the parent with whom the child lived for the longer period of time during the year. If the child lived with each parent for the same amount of time, the IRS will treat the child as the qualifying child of the parent who had the higher adjusted gross income (AGI) for the year.
Example 8—Separated parents.
You, your husband, and your 10-year-old son Joey lived together until August 1, 2018, when your husband moved out of the household. In August and September, Joey lived with you. For the rest of the year, Joey lived with your husband, who is Joey's father. Joey is a qualifying child of both you and your husband because he lived with each of you for more than half the year and because he met the relationship, age, and joint return tests for both of you. At the end of the year, you and your husband still weren't divorced, legally separated, or separated under a written separation agreement, so the special rule for divorced or separated parents (or parents who live apart) doesn't apply.
You and your husband will file separate returns. Your husband agrees to let you treat Joey as a qualifying child. This means, if your husband doesn't claim Joey as a qualifying child for any of the tax benefits listed earlier, you can claim him as a qualifying child for any tax benefit listed earlier for which you qualify. However, your filing status is married filing separately, so you can't claim the EIC or the credit for child and dependent care expenses. See Rule 3.
(B) More than 1 parent claiming qualifying child If the parents claiming any qualifying child do not file a joint return together, such child shall be treated as the qualifying child of—
(i) the parent with whom the child resided for the longest period of time during the taxable year, or
(ii) if the child resides with both parents for the same amount of time during such taxable year, the parent with the highest adjusted gross income.
13-Jul-2019 1:08pm
13-Jul-2019 3:31pm
Yeah, the publication doesn't get into the circumstances either. The quote comes from the (not substantial authority, but we're not litigating in the tax court so no matter) Pub 501, exemptions for dependents/ qualifying child of more than one person/ tiebreaker rules.Chay wrote:Frankly, all your quote shows is that there are some circumstances under which people can choose who claims the child as the qualifying child. It doesn't get into what those circumstances are.
13-Jul-2019 6:08pm