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Caesar Grant

Marriage wrecked our tax refund - any way to still get the Earned Income Credit (EIC)?

I'm kind of freaking out about our taxes this year. My husband and I got legally married last year and it's royally messing with our expected refund. We have three kids together (our youngest was born last year and we have two older ones). In previous years, my husband's income was low enough that he qualified for the Earned Income Credit, so he would claim all our kids as dependents. This always resulted in a pretty substantial refund for us. I mean, it wasn't life-changing money, but definitely helped with bills and stuff. Fast forward to this year - we went to our regular tax preparer and got hit with the news that we owe a TON to federal. Apparently, a major reason is that now we're filing jointly, and they're looking at our combined income instead of separate. My husband still makes below the EIC threshold on his own (around $42,000), but my income pushes us over the limit. Is there ANY possible way we can file to still get that Earned Income Credit? Can we file separately? Would that help? Our tax person didn't really explain our options that well. I'm totally willing to provide more details if needed. This has been a huge financial shock for us.

Lena Schultz

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Unfortunately, this is one of those "marriage penalties" that can happen in the tax code. When you're married filing jointly, the IRS looks at your combined income to determine eligibility for credits like the EIC. You could consider filing as "Married Filing Separately" instead of jointly, but here's the catch - you generally CANNOT claim the Earned Income Credit at all if you file separately. It's one of the specific requirements for the EIC that you can't use the married filing separately status. The income thresholds for the EIC when married filing jointly are higher than for single filers, but it sounds like your combined income exceeds even those higher limits. The exact threshold depends on how many qualifying children you have, but for three kids in 2025, married couples generally phase out completely around $63,500. The one silver lining is that there might be other credits or deductions you're now eligible for as a married couple that could help offset some of this. For example, you might benefit from higher standard deductions, different tax brackets, or child tax credits that phase out at higher income levels than the EIC.

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Gemma Andrews

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So there's absolutely no way around this? What if we file separately and he claims all the kids? I'm pretty sure we did our taxes wrong because our tax person seemed really rushed.

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Lena Schultz

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If you file separately, neither of you can claim the EIC - it's specifically prohibited for the Married Filing Separately status. This is in the tax code and there's no workaround. It doesn't matter who claims the children in this case. The tax brackets for Married Filing Separately are also generally less favorable than filing jointly for most couples. Each situation is unique, but usually filing separately doesn't save money unless there are very specific circumstances like income-based student loan payments or certain medical deductions.

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Pedro Sawyer

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I went through almost exactly the same situation last year and was super frustrated with how much it changed our refund. I spent HOURS trying to figure out some way around it, and finally stumbled across taxr.ai (https://taxr.ai) which helped me understand all our options. It basically analyzed our tax documents and explained what was happening in plain English. The tool showed me that while we couldn't get the EIC anymore, we were actually eligible for other credits we hadn't been taking advantage of. It identified some education credits my husband qualified for from his continuing education courses and some retirement savings contributions that gave us a tax break. I'm not saying it'll magically get you the EIC back, but it might help you find other tax advantages you're missing that could offset some of the hit you're taking from losing the earned income credit.

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Gemma Andrews

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That sounds interesting. Did it actually save you money compared to what your tax person found? I'm not really tech savvy so is it complicated to use?

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Mae Bennett

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I'm curious too. Can it look at last year's returns and tell you if you missed anything? We already filed but I'm wondering if we should amend.

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Pedro Sawyer

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It definitely saved us money compared to what our tax person initially found. We ended up getting about $1,800 more than what our first tax prep showed. It's super easy to use - you just upload your documents and it walks you through everything step by step. No tax knowledge needed! Yes, it can absolutely look at previous returns! That's actually one of the best features. It analyzes your past returns and can flag if you missed deductions or credits. It helped us discover we could amend our previous year's return and get additional money back from a child care credit we didn't properly claim.

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Mae Bennett

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Update: I tried taxr.ai after seeing it mentioned here and WOW. I uploaded our documents from the last two years and it found nearly $2,300 we could get back by amending last year's return! We had completely missed some education credits my wife qualified for. For this year, while it confirmed we can't get the EIC anymore (bummer), it showed us how to maximize our Child Tax Credits and found some deductions related to my wife's partially remote work that our tax guy completely missed. The explanation was super clear about why the EIC was gone after marriage, but it also showed exactly which other credits we qualified for. Way more helpful than the rushed explanation from our tax preparer. Definitely worth checking out if you're in a similar situation.

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Have you tried calling the IRS directly to ask about your options? My brother was in a similar situation and got helpful advice that way. I personally used Claimyr (https://claimyr.com) to actually get through to a human at the IRS instead of waiting on hold forever. There's a demo video that shows how it works: https://youtu.be/_kiP6q8DX5c I was skeptical at first but they got me connected to an IRS agent in about 20 minutes when I had been trying for DAYS on my own. The agent walked me through some options for my particular situation (different than yours, but still complicated). They explained exactly which forms I needed to file and what supporting documentation to include. It might be worth getting the official word directly from the IRS about your specific situation rather than relying solely on your tax preparer who seemed rushed.

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Melina Haruko

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Wait, there's actually a service that gets you through to the IRS? How does that even work? I tried calling them last month and gave up after being on hold for like 2 hours.

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Sounds like a scam. Why would I pay someone to call the IRS for me? And even if you do get through, the IRS agents give different answers depending on who you talk to. My cousin called 3 times and got 3 different answers about her business deductions.

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It uses some kind of callback system that monitors the IRS hold lines and secures your place in line. When an agent is about to be available, you get connected. No need to stay on hold yourself for hours. It saved me literally half a day of frustration. The key is being prepared with your specific questions when you do get through. I wrote down exactly what I needed to ask beforehand. You're right that different agents sometimes give different answers, but getting an official response is still better than guessing or relying on potentially outdated online advice.

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I have to admit I was totally wrong about Claimyr. After dismissing it as a scam, I was desperate enough to try it when I needed to speak with someone about an IRS notice I received. I got connected to an agent in 15 minutes when I had been trying for DAYS on my own. The agent I spoke with was actually super helpful about my married filing situation (similar to yours). She explained that while I couldn't get the EIC filing separately, there were other adjustments I could make that would help offset some of the loss. She walked me through exactly how to document some home office expenses I hadn't been claiming that saved me around $800. Sometimes you really do need to speak directly with the IRS to get the right answer for your specific situation, and being able to actually reach them makes a huge difference.

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Reina Salazar

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Have you considered looking at the total tax picture rather than just focusing on the EIC? When my wife and I got married, we lost some credits but ended up better off overall. For example, if you're in different tax brackets individually, combining incomes and filing jointly might put more of your total income in lower brackets. Also, the standard deduction for married filing jointly is $29,200 for 2025, which is higher than two single filers' standard deductions combined. Look at things like Child Tax Credit (which has higher phase-out thresholds than EIC), education credits if anyone's in school, retirement contribution limits, etc. Marriage changes your whole tax situation, not just the EIC part.

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Caesar Grant

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That's helpful perspective. Our tax preparer only seemed to focus on the negative (owing money) without explaining any benefits. Do the Child Tax Credits phase out at higher income levels? We make about $92,000 combined if that helps.

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Reina Salazar

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Yes, the Child Tax Credit has much higher phase-out thresholds than the EIC. For 2025, the Child Tax Credit doesn't begin to phase out until $400,000 for married filing jointly, so at $92,000 combined income, you should still be eligible for the full amount for all three children. That's $2,000 per child, so potentially $6,000 in credits, which can significantly offset your tax liability. This is a direct reduction of your tax, not just a deduction from income. Your tax preparer should definitely have highlighted this! The Additional Child Tax Credit might also apply depending on your situation.

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This is why I always say the tax code is anti-family! The government basically punishes you for getting married. My wife and I had the exact same issue. We used to get around $5,000 back when we filed separately, now we're lucky if we get $1,200.

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Demi Lagos

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It's not always a penalty though. Higher income couples often benefit from filing jointly. It tends to be a penalty in cases where both spouses earn similar amounts or when specific credits like EIC are involved. The system definitely needs updating though!

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Mason Lopez

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One thing to consider for next year - you might want to adjust your withholding on your W-4s since your tax situation has changed significantly. If you're owing a lot now, updating your withholding could help prevent a big surprise next year. The IRS has a Tax Withholding Estimator tool on their website that can help with this.

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