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Can I claim EITC for a child my ex legally claims as a dependent?

So I've got this situation I need some help with. My ex and I have 50/50 custody of our two kids, and we finally got a court order this year saying we each claim one child on our taxes. I went to my tax guy today (been using him for years for everything - when I sold my house, my crypto stuff, all that). When I was filing, he asked about my ex's income, which is somewhere around $115k-130k, and he told me that since my ex makes too much to qualify for the Earned Income Tax Credit, I could claim the EITC for both kids even though my ex is claiming one as a dependent. I asked if my ex would still be able to claim the Child Tax Credit and deduct daycare expenses for the kid he's claiming, and my tax guy said yes, that would be fine. I'm just nervous that something might go wrong with my ex's return if I do this. Like, will it get rejected if I've claimed the EITC for a child he's claiming as a dependent? I don't want to mess up his taxes or cause problems between us. Anyone dealt with this before or know if this is actually allowed? Thanks in advance!

Quick question about this EITC situation - does anyone know if TurboTax handles this correctly? Like if I input that I have 50/50 custody and want to claim EITC for a kid that my ex is claiming as a dependent, will it let me do that or will it give me an error?

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I used TurboTax last year for this exact scenario. It asks separate questions about who claims the child as a dependent versus who can claim them for EITC. Just make sure to answer carefully - when it asks if you're claiming the child as a dependent, say no for the one your ex claims. Later when it asks about qualifying children for EITC, you can include both children if you meet all the EITC requirements.

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I just went through this exact situation last year! Your tax preparer is absolutely right - EITC and dependency claims operate under different rules. I had 50/50 custody with my ex, and I was able to claim EITC for both kids even though we alternated who claimed them as dependents each year. The key thing to remember is that EITC is based on the "qualifying child" test, which looks at things like where the child lived for more than half the year. With true 50/50 custody, either parent could potentially claim EITC if they meet the income requirements. Since your ex makes too much to qualify for EITC anyway, there's no conflict. Your ex's return won't be rejected - the IRS systems don't automatically cross-reference EITC claims with dependency claims in the way you might think. Just make sure you have documentation of your custody arrangement and that all the child's information (SSN, name spelling, etc.) is consistent on both returns. One tip: I found it helpful to give my ex a heads up about the arrangement just to avoid any confusion or concern on their end when they saw different credits being claimed. Good communication goes a long way in co-parenting situations, especially around tax time!

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Getting education credit for 1098-T form with employer tuition reimbursement - can I claim expenses?

I've been working full-time while pursuing my MBA since 2023. My employer covers about 60% of my tuition costs (which shows up on my W-2), and I pay the remaining 40% out of pocket. For my 2024 tax return, I received a 1098-T from my university. When I entered the 1098-T into TurboTax, it just counted it as an itemized deduction, which wasn't better than my standard deduction, so I didn't use it and just filed with the standard deduction. But today I was talking with a coworker who mentioned I might be eligible for education credits (either American Opportunity or Lifetime Learning Credit) by completing Form 8863 myself, which would give me credit on top of the standard deduction! I'm confused - did I miss out on potential tax credits? Does anyone have experience with claiming education credits when part of your tuition is employer-reimbursed? From what I understand, the company reimbursement doesn't affect my ability to claim education credits for the portion I paid myself. Should I amend my return or is this something I need to keep in mind for next year's taxes?

dont forget that the way the 1098-T is filled out can make a huge difference! My school reports amounts BILLED in Box 1 instead of amounts PAID in Box 2, which totally screws up software calculations. Had to manually adjust for spring semester tuition that was billed in December but actually paid in January of the tax year.

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This is super important! My university does the same thing and it confused the heck out of me. Check your actual payment dates against what's on the 1098-T. I had to create a spreadsheet showing when I actually made payments vs what semester they were for to get it right.

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This is exactly the situation I went through with my master's degree! You absolutely should amend your return - education credits are way more valuable than people realize because they're dollar-for-dollar reductions in your tax liability, not just deductions. One thing to watch out for: make sure you're only claiming the credit on the amount you actually paid out of pocket. The employer reimbursement portion can't be used for the credit, but the 40% you paid yourself definitely qualifies. Also double-check if your employer reported the tuition assistance as taxable income on your W-2 - if they did, that changes the calculation slightly. The Lifetime Learning Credit is probably your best bet as a grad student (20% of qualified expenses up to $10,000, so max $2,000 credit). You have 3 years to amend, so you're well within the timeframe. Form 1040-X plus Form 8863 should get you sorted!

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WARNING: H&R Block Direct Deposit Info Not Working with Michigan State Returns - Sending Paper Checks Instead

Just wanted to warn everyone filing through H&R Block that there's an issue with direct deposit info not transferring to Michigan's system. They're defaulting to paper checks instead. Found this out after waiting weeks for my DD that never came. Called Michigan treasury and they confirmed this is a widespread issue with H&R Block returns.

called MI treasury today and they said theyre aware of the issue but no eta on a fix. atleast their being honest ig

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typical government efficiency ๐Ÿ™„

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This is exactly what happened to me! Filed with H&R Block on Jan 28th and have been waiting forever for my Michigan refund. Finally called the state last week and they told me a paper check was mailed instead of direct deposit. So frustrating that H&R Block didn't even notify customers about this glitch. Thanks for the heads up OP!

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Filling out Form 8843 (Statement for Exempt Individuals) - confused about question 12 on teaching/student status

Hey everyone, I'm currently filling out Form 8843 (Statement for Exempt Individuals and Individuals With a Medical Condition) and I'm a bit stuck on one of the questions. It's asking: "12. Were you present in the United States as a teacher, trainee, or student for any part of more than 5 calendar years? Yes/No" If you check "Yes," I'm not entirely sure what the next steps are. This is my fourth year studying in the US, but I've also done a summer internship program twice during this period. Does that count as being a "trainee" separate from my student status? Or is it all considered part of the same "student" classification? I'm worried about messing this up since it affects my tax exempt status. Anyone have experience with this form who could help me out?

For form 8843 question 12, make sure ur counting CALENDAR years not academic years!!! I messed this up before. If u were here even for like 2 weeks in December 2020 and then Jan-May 2021, that counts as 2 calendar years already even tho it's just one academic year.

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OMG this tripped me up too! I had a 2-week winter program in Dec 2022 and didn't realize that counted as a whole calendar year for this form. Almost answered wrong.

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Yep it's super confusing! The IRS doesn't care about semesters or academic years - they only look at whether you were present in the US for ANY part of a calendar year under student/teacher/trainee status. So even a short winter break program or summer session counts as a full "calendar year" for this question. That's why it's so important to track ALL your entries and exits precisely.

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This is such a helpful thread! I'm in a similar situation but with a twist - I've been here 3 years on F-1, but I also had a brief research exchange program in my home country that was sponsored by a US university. Does that count toward my US presence even though I was physically outside the US? Also, for anyone still confused about the calendar year vs academic year thing - I learned the hard way that even if you leave the US for winter break, as long as you were present for ANY part of December and then came back in January, that's still 2 separate calendar years for Form 8843 purposes. The IRS instructions are pretty clear that it's about physical presence, not continuous residence. One more tip: keep really good records of ALL your entry/exit dates. I use a simple spreadsheet with arrival and departure stamps from my passport. It's saved me so much time when filling out these forms each year.

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Help! My in-laws passed away without filing taxes for years - what can I do now?

My spouse was the executor of her parents' estate, and we're in a complete mess now. The whole process was a nightmare, but we thought everything was settled a few years back in 2021/2022. We hired an attorney who we assumed was handling all the legal aspects, including taxes. Boy were we wrong. Just got mail from the IRS with a 1041-ES form and four separate envelopes addressed to the estate. Turns out my in-laws hadn't filed their taxes for several years before they passed. We have absolutely no clue what's owed or how to even begin sorting this out. To make matters worse, during the estate settlement, their manufactured home was repossessed, and we have zero records of what financial obligations they had. Their only income was Social Security and Veterans Affairs benefits. I'm completely lost on how to proceed. Can we contact the IRS directly to find out what's owed? Would they even have that information? Has anyone dealt with unfiled taxes for deceased relatives? Any advice would be greatly appreciated.

Just to add something important - if your in-laws were primarily living on Social Security and VA benefits, there's a good chance they weren't required to file at all. Many people don't realize this. For example, in 2022, a married couple over 65 only needed to file if their gross income exceeded $28,700. Social Security is often not counted in this calculation unless they had other substantial income. VA benefits are generally tax-free. Before you panic about years of unfiled returns, find out if they were even required to file. This could be much simpler than you think!

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Thank you for mentioning this! I had no idea there were income thresholds where filing wasn't required. That makes me feel a bit better about the situation. Their mobile home was probably worth about $25,000 and they had no other major assets. Do you know if the IRS can tell us whether they were required to file for those years?

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Yes, the IRS can absolutely help determine if they were required to file. When you contact them (either directly or through a service like others mentioned), ask specifically for "wage and income transcripts" for the years in question. These will show all income reported to the IRS under their Social Security numbers. The value of their mobile home actually doesn't factor into the filing requirement - it's based on income, not assets. Given what you've described, it sounds very possible they weren't required to file. The 1041-ES forms you received are likely related to the estate itself, not their personal unfiled returns, which is a separate matter that the IRS can clarify when you speak with them.

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One thing nobody's mentioned - you should check if the estate itself needs to file a return. Form 1041-ES is for estimated tax payments for estates and trusts. If the estate generated income after your in-laws passed (like interest on accounts, sale of assets, etc.), the estate might need to file its own return separate from your in-laws' personal returns. Usually this only applies if the estate earned more than $600 in income before assets were distributed to heirs. Did the estate have any income-generating assets that weren't immediately distributed?

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Thank you for bringing this up! There was a small checking account with maybe $3,000 that earned some interest, and a life insurance policy that paid out about $15,000. Would the life insurance payout count as estate income? We distributed everything pretty quickly after getting the insurance money, probably within 2-3 months.

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Life insurance proceeds paid directly to beneficiaries are generally not taxable income to the estate, so that $15,000 likely wouldn't count toward the $600 threshold. However, any interest earned on the $3,000 checking account while it was in the estate's name could count as estate income. The key question is whether the total interest and any other income earned by the estate (not the beneficiaries) exceeded $600 between the date of death and when assets were distributed. If it was just a few months and a small checking account, you're probably talking about maybe $10-20 in interest at most. When you call the IRS, ask them to clarify both the personal filing requirements for your in-laws AND whether the estate itself needs to file Form 1041. They can look at all the tax documents filed under both the individual SSNs and the estate's EIN (if one was assigned) to give you the complete picture.

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