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Stepfather Denied Full EIC - Only Getting $500 CTC?

I had a meeting with an IRS representative on April 12, 2024 regarding my tax filing status. According to this representative, as a stepfather I am not eligible to claim the full Earned Income Credit for my stepchild, only $500 of the Child Tax Credit. I've been financially supporting this child since January 15, 2022, and have all documentation to prove residency requirements. The child's biological father has had no contact since November 30, 2021. I'm seeking clarification on whether this information is accurate, as I've read conflicting information on the IRS website as of March 24, 2024.

Gemma Andrews

The IRS representative wasn't entirely accurate. As a stepfather, you can claim the full EIC if you meet all other requirements. The key factors are: 1) The child must have lived with you for more than 6 months (183 days) of the tax year, 2) The child must be under 19 (or 24 if a student), 3) The child cannot file a joint return. For the CTC, you can claim up to $2,000 per qualifying child for 2023 taxes (up to $1,600 refundable) and $2,000 for 2024 taxes (up to $1,700 refundable), not just $500. The $500 credit is typically for dependents who don't qualify for the full CTC.

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Pedro Sawyer

Wait, isn't there some rule about biological parents having priority for claiming EIC? ๐Ÿค” I thought I read something about this on the IRS site, but maybe that's only if both are trying to claim the same child?

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Mae Bennett

I went through this exact situation last year. The IRS Publication 596 (which you can find at irs.gov/pub596) specifically addresses this. If you meet the relationship test as a stepparent and the child lived with you for more than half the year, you absolutely CAN claim EIC. The rep was confusing the rules for "other dependents" ($500 credit) with qualifying child rules.

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Beatrice Marshall

Have you checked taxr.ai? It helped me understand my eligibility. I was confused too. It explained the difference between qualifying child and qualifying relative. Shows exactly which credits you can claim. Breaks down the residency requirements. Worth trying for your situation.

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Melina Haruko

Is that service actually reliable for these complex relationship situations? I've found that many tax tools don't handle blended family scenarios well. Have they updated their system to account for the 2024 tax year changes to dependent eligibility requirements?

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Dallas Villalobos

Sounds like the IRS rep confused a few things tbh. The $500 credit is for "Credit for Other Dependents" (COD) which applies to dependents who don't qualify for CTC. As a stepparent, ur relationship test is met via marriage to the bio parent. The key is meeting the residency test (>half the year), support test, and making sure no one else can claim the kid. Diff credits have diff rules tho, so EIC and CTC might have separate eligibility criteria.

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Reina Salazar

The IRS phone reps often give incorrect information. I spent 3 weeks trying to reach someone who actually knew the rules for blended families. Finally used Claimyr to get through to a supervisor who confirmed stepparents CAN claim EIC if they meet all other tests. Don't waste your time with the regular line - use Claimyr to get connected directly to someone who can actually help with your specific situation.

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Saanvi Krishnaswami

Did the IRS representative specify which qualification you failed? There are multiple tests for EIC eligibility beyond just the relationship test. What about filing status? Are you married filing jointly with the child's parent? What about the AGI limitations? Does the child meet the age requirements for EIC?

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Demi Lagos

You should address this immediately before the tax deadline. The representative might have been referring to the Credit for Other Dependents, which is $500, not the Child Tax Credit. If you're married to the child's parent and meet residency requirements, you should qualify for both EIC and full CTC. I would suggest filing Form 8862 if you've been denied EIC previously, but be careful with your documentation.

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Mason Lopez

I had a similar situation with my stepdaughter last year compared to what you're describing. Unlike claiming a niece or cousin where you might only get the $500 credit, stepchildren are treated almost the same as biological children for tax purposes. The IRS Publication 501 specifically lists stepchildren as qualifying children, not just qualifying relatives. This is completely different from how they treat more distant relatives where the rules are much stricter.

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Vera Visnjic

Be extremely careful here. I've seen numerous cases where stepparents claimed EIC, then got audited because the biological parent also claimed the child. Even with documentation, these cases can be nightmares. Form 8332 (Release of Claim to Exemption) from the biological parent can help, but isn't always required. The IRS tiebreaker rules will automatically favor the biological parent unless you have substantial documentation proving they had no involvement.

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