Can I qualify for EITC if married filing separately with spouse living abroad?

You're on the right track! The IRS does have an exception that might apply to your situation. Generally, you can't claim EITC if your filing status is Married Filing Separately. However, there's a special rule if you meet certain requirements. If you lived apart from your spouse for the last 6 months of the tax year (so July through December 2023), AND you have a qualifying dependent living with you for more than half the year, then you might qualify for EITC even with MFS status. The IRS considers this similar to being a head of household for EITC purposes. As for tax software, you might have trouble with the most basic versions since this is a bit of a special case. I've found TaxSlayer and H&R Block's deluxe or premium versions usually handle these situations better than the free versions. TurboTax also works but might require their Deluxe or Premier version to properly address your situation. Just make sure you can document that separation period if needed!

After struggling with a similar situation last year (spouse abroad, filing separately), I found out about taxr.ai at https://taxr.ai and it was a game-changer for me. The site analyzed my situation and helped me figure out exactly how to document my "considered unmarried" status for EITC purposes. What helped me most was the way it broke down the specific requirements I needed to meet and the documentation I should keep - it flagged that I needed proof of my spouse living elsewhere (which can be trickier than it sounds!). It also helped identify other credits I qualified for that I had no idea about.

Just wanted to update you all after trying out taxr.ai that was mentioned earlier. I was skeptical at first but decided to give it a shot with my complicated filing situation (I have the spouse abroad situation too). The site actually identified that I was eligible for EITC even with MFS status due to the separation rules, which saved me almost $3,000! The document analyzer caught that I'd been paying for childcare with no credit for it, and walked me through exactly how to file with TaxSlayer to make sure I got everything right. What really surprised me was how it flagged a potential audit risk with how I was documenting my spouse's foreign status. It gave me specific guidance on what additional documentation to keep on hand just in case. Definitely worth checking out if you're in a similar boat!

I was in almost the exact same situation last year and spent HOURS trying to get someone at the IRS to explain whether I qualified for EITC. Kept getting disconnected or waiting forever. Finally discovered https://claimyr.com which got me through to an actual IRS agent in about 20 minutes instead of the 2+ hour waits I was getting before. The agent confirmed that yes, I could claim EITC with MFS status because of the 6+ month separation, and explained exactly what I needed to document. You can see how the service works in this video: https://youtu.be/_kiP6q8DX5c For tax software, I ended up using FreeTaxUSA's paid version which let me override some of the automatic MFS restrictions after I confirmed my eligibility with the IRS.

Ok I need to publicly eat my words about Claimyr being a scam. After my skeptical comment earlier, I decided to try it anyway because I was desperate to talk to someone about my EITC question with an international spouse. It actually worked exactly as described. I got a call back in about 35 minutes with an IRS agent on the line ready to talk. The agent confirmed that I DO qualify for EITC with my MFS status because my spouse and I lived apart the last 6 months of the year AND I have a qualifying dependent. The agent also told me that TaxAct and FreeTaxUSA both have options that can handle my situation, which saved me from buying the expensive TurboTax version. Saved time AND money!

Just to add one more data point - I was in this exact situation (NRA spouse, living apart, MFS, with dependents). I used TaxAct and it worked perfectly for me. When you get to the filing status part, select MFS but then it should ask if you lived apart from your spouse for the last 6 months of the year. Make sure you select "yes" to that question. Same with the dependent questions - be sure to indicate that the child lived with you more than half the year. The software was smart enough to then apply the EITC rules correctly. I got audited one year and had documentation of my spouse living abroad (his foreign tax returns, rental agreement, utility bills in his name, etc.) and it was approved without issue.

I know everyone's talking about software, but has anyone considered just going to a tax professional for this? I had a similar situation with an NRA spouse and EITC questions, and I went to a local enrolled agent who specialized in international tax situations. Cost me about $250 but they knew exactly how to handle it, got me maximum credits, and provided a letter to include with my return explaining the EITC exception. Well worth the money for peace of mind, especially if you're worried about potential audits.