You can claim eic if you have the filing status ‘married filed separately’.

Earned Income Credit (EIC) Explained

You can claim eic if you have the filing status 'married filed separately'. The Earned Income Credit (EIC), also known as the Earned Income Tax Credit (EITC), is designed to help you keep more of your hard earned money.

It is a refundable tax credit, meaning you could qualify for a refund even if you did not have any income tax withheld from your paychecks. This article explains who is eligible for it, how much its worth, and how to claim it.

Am I Eligible for the Earned Income Credit?

To qualify for the EIC, you must have earned income from employment, self-employment, or another source and meet specific rules. Your income has to be within certain limits and there's a cap on how much investment income you can make.

You're eligible if:

  • You earned income from a job, your own business, or certain disability benefits. Unemployment income does not count as earned income, so if you only made unemployment income in 2014, you are not eligible to claim the credit.
  • You did NOT receive more than $3,350 in interest and investment income. Examples of investment income include interest, dividends, and profit from selling stocks.
  • Your filing status is Single or Married Filing Jointly. If you're Married Filing Separately, you are NOT eligible.
  • You, your spouse and children, if applicable, all have Social Security numbers.
  • You and your spouse can NOT claimed as a dependent or qualifying child on someone else's return.
  • You either have at least one qualifying child OR either you or your spouse are between the ages of 25 and 64.
    • If you have a qualifying child, you and your spouse's age don't matter
    • If you don't have a qualifying child, you and your spouse's age do matter. One of you needs to be at least age 25 but under age 65 on December 31, 2014.
  • You are a citizen or resident of the United States.

There are some other rare circumstances and edge cases, but this covers the majority of situations.

A qualifying child is:

  • Your son, daughter, stepchild, adopted child, or their descendant (such as a grandchild).
  • Your brother, sister, stepbrother, stepsister or or their descendant.
  • Your foster child, placed with you by an authorized agency or court order.
  • Age 18 or younger on December 31, 2014, unless he or she is a full-time student, in which case the student must be 23 or younger. A person who is permanently and totally disabled at any time during the year qualifies, no matter how old.
  • A resident with you in the United States for more than half of the year.

The amount of the credit depends on a number of things - the amount of income you made. your marital status, and the number of qualifying children you have. See the table below for the amounts for Tax Year 2014 (for taxes filed in 2015).

How Do I Claim the Earned Income Credit

The only way to claim the EIC is to file a tax return, even if you do not owe any tax and are not required to file. As I mentioned earlier, the EIC is a refundable tax credit, meaning you could qualify for a refund even if you have not paid any income tax. Common Form supports the EIC, so file your taxes with us to claim this valuable credit.


you can claim eic if you have the filing status 'married filed separately'.

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Can My Boyfriend Claim My Child by a Different Father on His Tax Return for the Earned Income Credit?

You can claim eic if you have the filing status 'married filed separately'.

No matter how good a “Daddy” is, the IRS has very strict rules about who can claim the EIC tax credit.

Short answer: No. Do not let your boyfriend claim your child that is not his for the Earned Income Tax Credit.

Long answer: Noooooooooooooo! Sorry about the bad joke. But really, no he can’t and here’s why:

First, and most importantly, it’s against the law. Seriously – claiming a child that you don’t have a right to claim on your tax return is income tax fraud and that’s a federal crime.

But how would he get caught? Good question. The most likely way he’d get caught is if someone else tried to claim your child on their tax return, like the child’s real father or a grandparent. Someone might have a problem with you or him and turn you in to the IRS. It’s one of the most common questions I see on the internet: “How do I turn someone in?” I’ve worked on a couple of cases where an older child has accidentally turned someone in by filing paperwork for school which somehow got into IRS records. You don’t want to take the risk.

But the most dangerous person as far as your boyfriend is concerned is you. Let’s say you decide to let your boyfriend claim your child and claim the EIC tax credit because it works out to be more money if he does it. You’re breaking the law too, but when push comes to shove you can break into tears and say he forced you etc., etc. It’s not against the law to not claim your child on your tax return, and proving that you “conspired” with him to commit tax fraud would be hard to do. So let’s say that the boyfriend dumps you and goes out and buys a nice engagement ring for his new girlfriend with that tax refund. I’m guessing that would make you hopping mad, right? Furious! You want to get even, don’t you? What better way to get even with that scumbag than to report him to the IRS. You see why he should be afraid? Very afraid!

So what could happen to my boyfriend if he did get caught? The maximum EIC for one child is $3050 ($5036 for two, and $5,666 for three.) First, he’d have to pay that back. Let’s say we’re just talking about one child, he’ll have to pay back $3050 right off the bat. Then he’d also have to refund the $1,000 child tax credit, so now we’re up to $4050. Now he’ll also have lost the head of household status which gave him a lower tax rate plus he’s lost the exemption so we’re looking at maybe $5,000 (or more if we’re talking about more children). Then the IRS will tack on fines, another 25% or $1250 for late payment fees, and most likely another 20% or $1,000 for under-reporter penalties so you’re looking at about $7250 in taxes owed. Ouch!

It’s also possible that he could be criminally prosecuted. Personally, I have never worked an EIC case that has gone on to the criminal division, but it does happen. What good is your boyfriend to you if he’s sitting in jail?

Don’t create problems for yourself by committing tax fraud. It seems like easy money and the temptation is great. You probably even know people who’ve done it and never had any problems. But if you want to feel safe and secure and get a good night’s sleep, file a correct and proper tax return.

You may also be interested in these posts:

If you need an answer right away, here are some links that might help.


Earned Income Credit (EIC) Explained

You can claim eic if you have the filing status married filed separately. The Earned Income Credit (EIC), also known as the Earned Income Tax Credit (EITC), is designed to help you keep more of your hard earned money.

It is a refundable tax credit, meaning you could qualify for a refund even if you did not have any income tax withheld from your paychecks. This article explains who is eligible for it, how much its worth, and how to claim it.

Am I Eligible for the Earned Income Credit?

To qualify for the EIC, you must have earned income from employment, self-employment, or another source and meet specific rules. Your income has to be within certain limits and there's a cap on how much investment income you can make.

You're eligible if:

  • You earned income from a job, your own business, or certain disability benefits. Unemployment income does not count as earned income, so if you only made unemployment income in 2014, you are not eligible to claim the credit.
  • You did NOT receive more than $3,350 in interest and investment income. Examples of investment income include interest, dividends, and profit from selling stocks.
  • Your filing status is Single or Married Filing Jointly. If you're Married Filing Separately, you are NOT eligible.
  • You, your spouse and children, if applicable, all have Social Security numbers.
  • You and your spouse can NOT claimed as a dependent or qualifying child on someone else's return.
  • You either have at least one qualifying child OR either you or your spouse are between the ages of 25 and 64.
    • If you have a qualifying child, you and your spouse's age don't matter
    • If you don't have a qualifying child, you and your spouse's age do matter. One of you needs to be at least age 25 but under age 65 on December 31, 2014.
  • You are a citizen or resident of the United States.

There are some other rare circumstances and edge cases, but this covers the majority of situations.

A qualifying child is:

  • Your son, daughter, stepchild, adopted child, or their descendant (such as a grandchild).
  • Your brother, sister, stepbrother, stepsister or or their descendant.
  • Your foster child, placed with you by an authorized agency or court order.
  • Age 18 or younger on December 31, 2014, unless he or she is a full-time student, in which case the student must be 23 or younger. A person who is permanently and totally disabled at any time during the year qualifies, no matter how old.
  • A resident with you in the United States for more than half of the year.

The amount of the credit depends on a number of things - the amount of income you made. your marital status, and the number of qualifying children you have. See the table below for the amounts for Tax Year 2014 (for taxes filed in 2015).

How Do I Claim the Earned Income Credit

The only way to claim the EIC is to file a tax return, even if you do not owe any tax and are not required to file. As I mentioned earlier, the EIC is a refundable tax credit, meaning you could qualify for a refund even if you have not paid any income tax. Common Form supports the EIC, so file your taxes with us to claim this valuable credit.


Should Married People Always File Jointly?

If you're married, you have two options on how to file your income taxes: You can file a joint return, or you and your spouse can each file an individual return. Which is better? Read on.

A joint return is a single return for a husband and wife that combines their incomes, exemptions, credits, and deductions. The vast majority of married couples file jointly.

You can choose married filing jointly as your filing status if you are married and both you and your spouse agree to file a joint return. You can file a joint return even if one of you had no income or deductions.

Only a married couple can file a joint return. You are considered married for tax purposes for the entire year if, by December 31:

  • you are married and living together
  • you are living together in a common law marriage recognized in the state where you live or in the state where the common law marriage began
  • you are married and living apart, but not legally separated under a decree of divorce or separate maintenance, or
  • you are separated under an interlocutory (not final) decree of divorce. (For purposes of filing a joint return, you are not considered divorced.)

If your spouse dies and you do not remarry in the same year, you may file a joint return for that year. This is the last year for which you may file a joint return with that spouse.

If you’re married, you always have the option to file your taxes separately. If one of you won’t agree to file a joint return, you’ll have to file separately, unless you qualify for head of household status. When you file a separate return, you report only your own income, exemptions, credits, and deductions on your individual return.

If you live in a community property state, the income you and your spouse earn is split evenly between you, as are your expenses (unless they are paid by one spouse with his or her separate non-community funds—for example, money you earned or inherited before marriage). There are nine community property states: Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington, and Wisconsin.

There are several disadvantages to filing separately that you need to be aware of, however, because these can easily outweigh any potential benefits:

You cannot take various tax credits, such as the Hope or Lifetime Learning education credits, earned income tax credit, and, in most cases, the credit for child and dependent care expenses.

  • The amount you can exclude from income under an employer's dependent care assistance program is limited to $2,500 (instead of $5,000 if you file a joint return).
  • You cannot take the deduction for student loan interest, or the tuition and fees deduction.
  • You cannot exclude from your income any interest income from qualified U.S. savings bonds that you used for higher education expenses.
  • If you live with your spouse at any time during the tax year, you’ll have to include in income more (up to 85%) of any Social Security benefits you receive.
  • If you live with your spouse at any time during the tax year, you cannot roll over amounts from a traditional IRA into a Roth IRA.
  • The following credits and deductions are reduced at income levels that are half of those for a joint return: child tax credit, retirement savings contributions credit, itemized deductions, and the deduction for personal exemptions.
  • Your capital loss deduction limit is $1,500 (instead of $3,000 if you filed a joint return).
  • You may not be able to deduct all or part of your contributions to a traditional IRA if you or your spouse was covered by an employee retirement plan at work during the year.
  • If you own and actively manage rental real estate, it will be more difficult for you to deduct any losses you incur.
  • If your spouse itemizes deductions, you cannot claim the standard deduction. If you can claim the standard deduction, your basic standard deduction is half the amount allowed on a joint return.

Which Filing Status Will Save You Income Taxes?

Filing separately can result in a couple paying the same as, more than, or less than they would pay filing jointly. It all depends on their incomes and deductions. Most married people save on taxes by filing jointly, particularly where one spouse earns most or all of the income. This is because filing jointly shifts the high earner's income into a lower tax bracket.

On the other hand, if both spouses have similar incomes they may pay more by filing jointly. This is because combining their incomes on a joint return can push them into a higher tax bracket than if they filed separately.

The only way to know for sure if you’ll pay less taxes filing separately or jointly is to figure your taxes both ways. This isn’t hard to do if you use tax preparation software.

There is one potential huge drawback to filing jointly: As a general rule, when a married couple files a joint return each spouse is jointly and individually liable for the entire tax owed on the return. This means that either spouse can be required to pay the tax due, plus any interest, penalties, and fines.

A spouse can claim “innocent spouse relief” and avoid personally paying the other spouse’s taxes if he or she can show the IRS that: (1) the understatement of tax was due to the other spouse, and (2) the spouse did not know, or have reason to know, that there was an understatement of tax when he or she signed the joint return. However, both propositions can be hard to prove. You’ll avoid being personally responsible for your spouse’s taxes if you file a separate return. This is something you should seriously consider if you know your spouse cheats on his or her taxes.


Can My Boyfriend Claim My Child by a Different Father on His Tax Return for the Earned Income Credit?

You can claim eic if you have the filing status married filed separately.

No matter how good a “Daddy” is, the IRS has very strict rules about who can claim the EIC tax credit.

Short answer: No. Do not let your boyfriend claim your child that is not his for the Earned Income Tax Credit.

Long answer: Noooooooooooooo! Sorry about the bad joke. But really, no he can’t and here’s why:

First, and most importantly, it’s against the law. Seriously – claiming a child that you don’t have a right to claim on your tax return is income tax fraud and that’s a federal crime.

But how would he get caught? Good question. The most likely way he’d get caught is if someone else tried to claim your child on their tax return, like the child’s real father or a grandparent. Someone might have a problem with you or him and turn you in to the IRS. It’s one of the most common questions I see on the internet: “How do I turn someone in?” I’ve worked on a couple of cases where an older child has accidentally turned someone in by filing paperwork for school which somehow got into IRS records. You don’t want to take the risk.

But the most dangerous person as far as your boyfriend is concerned is you. Let’s say you decide to let your boyfriend claim your child and claim the EIC tax credit because it works out to be more money if he does it. You’re breaking the law too, but when push comes to shove you can break into tears and say he forced you etc., etc. It’s not against the law to not claim your child on your tax return, and proving that you “conspired” with him to commit tax fraud would be hard to do. So let’s say that the boyfriend dumps you and goes out and buys a nice engagement ring for his new girlfriend with that tax refund. I’m guessing that would make you hopping mad, right? Furious! You want to get even, don’t you? What better way to get even with that scumbag than to report him to the IRS. You see why he should be afraid? Very afraid!

So what could happen to my boyfriend if he did get caught? The maximum EIC for one child is $3050 ($5036 for two, and $5,666 for three.) First, he’d have to pay that back. Let’s say we’re just talking about one child, he’ll have to pay back $3050 right off the bat. Then he’d also have to refund the $1,000 child tax credit, so now we’re up to $4050. Now he’ll also have lost the head of household status which gave him a lower tax rate plus he’s lost the exemption so we’re looking at maybe $5,000 (or more if we’re talking about more children). Then the IRS will tack on fines, another 25% or $1250 for late payment fees, and most likely another 20% or $1,000 for under-reporter penalties so you’re looking at about $7250 in taxes owed. Ouch!

It’s also possible that he could be criminally prosecuted. Personally, I have never worked an EIC case that has gone on to the criminal division, but it does happen. What good is your boyfriend to you if he’s sitting in jail?

Don’t create problems for yourself by committing tax fraud. It seems like easy money and the temptation is great. You probably even know people who’ve done it and never had any problems. But if you want to feel safe and secure and get a good night’s sleep, file a correct and proper tax return.

You may also be interested in these posts:

If you need an answer right away, here are some links that might help.


you can claim eic if you have the filing status married filed separately.

You can claim eic if you have the filing status married filed separately.We apologize for the inconvenience .

. but your activity and behavior on this site made us think that you are a bot.

Note : A number of things could be going on here

2. Due to previously detected malicious behavior which originated from the network you're using, please request unblock to site.

However if you are frequently getting CAPTCHA or if you feel that you have reached this page in error, please contact us copying below ID in the email.

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