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.


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Can I File Taxes Separately From My Husband?

The IRS allows you to choose the "married filing separately" status if you are legally married at the end of the year. This means that you and your spouse both file individual tax returns based only on your own income and expenses. For shared deductible expenses, such as the mortgage interest, you can only claim the amount that you paid on your own. If your spouse itemizes deductions, you must also itemize, even if the standard deduction would be more advantageous.

Head of Household and Married Filing Separately

In some cases, you can file as head of household while still married, if your spouse files a separate return. To qualify for head of household status, you and your spouse must have lived apart for the last six months or more of the year, not including temporary absences. You must pay more than half of the household expenses, your home must be your child's main home and you must be able to claim your child as a dependent. If you qualify for head of household status, you can take the standard deduction even if your spouse itemizes.

Advantages to Filing Separately

For some couples, filing separately can provide a lower net income tax burden. A couple filing jointly might be in a situation where deductions or exemptions are limited by the adjusted gross income, while filing separately would limit only one or neither of them. Deductions that must exceed a certain percentage of income, such as medical or miscellaneous itemized deductions, might be too small to be deducted on a joint return but large enough for a deduction on a separate return.

Disadvantages to Filing Separately

Choosing married filing separately on your return forfeits many credits that are available to married taxpayers filing jointly. Separate filers cannot take the earned income credit, the child and dependent care credit, the adoption credit, or any education credits or deductions. Other credits and deductions are reduced at half the income level of a joint return, such as the child tax credit, the retirement savings credit, the personal exemption and itemized deductions.

If you file your return as married filing separately, and then decide you would rather file a joint return, the IRS allows you to change your filing status. Use Form 1040X to file an amended return with joint status. You must file within three years of the due date, not including extensions, of the original return. If you file a joint return, you cannot amend it to married filing separately status after the tax return due date.


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.


Can I File Taxes Separately From My Husband?

The IRS allows you to choose the "married filing separately" status if you are legally married at the end of the year. This means that you and your spouse both file individual tax returns based only on your own income and expenses. For shared deductible expenses, such as the mortgage interest, you can only claim the amount that you paid on your own. If your spouse itemizes deductions, you must also itemize, even if the standard deduction would be more advantageous.

Head of Household and Married Filing Separately

In some cases, you can file as head of household while still married, if your spouse files a separate return. To qualify for head of household status, you and your spouse must have lived apart for the last six months or more of the year, not including temporary absences. You must pay more than half of the household expenses, your home must be your child's main home and you must be able to claim your child as a dependent. If you qualify for head of household status, you can take the standard deduction even if your spouse itemizes.

Advantages to Filing Separately

For some couples, filing separately can provide a lower net income tax burden. A couple filing jointly might be in a situation where deductions or exemptions are limited by the adjusted gross income, while filing separately would limit only one or neither of them. Deductions that must exceed a certain percentage of income, such as medical or miscellaneous itemized deductions, might be too small to be deducted on a joint return but large enough for a deduction on a separate return.

Disadvantages to Filing Separately

Choosing married filing separately on your return forfeits many credits that are available to married taxpayers filing jointly. Separate filers cannot take the earned income credit, the child and dependent care credit, the adoption credit, or any education credits or deductions. Other credits and deductions are reduced at half the income level of a joint return, such as the child tax credit, the retirement savings credit, the personal exemption and itemized deductions.

If you file your return as married filing separately, and then decide you would rather file a joint return, the IRS allows you to change your filing status. Use Form 1040X to file an amended return with joint status. You must file within three years of the due date, not including extensions, of the original return. If you file a joint return, you cannot amend it to married filing separately status after the tax return due date.


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.


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.



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