Please help, I have got different answers to the same question from everyone. I have a son, his father is claiming him as a dependant, but told me that I can still claim him as a qualifying child so that I can get the earned income credit for my son. Is this allowable, i dont want to get audited or anything
From your set of facts, father claims son as dependent, not you. But no qualifying child for purposes of earned income credit only if you're residency is U.S., you're between 25 not 65 or older and you're not claimed by someone else as a dependent. You file a joint return or meet and file Head of Household to get earned income credit. Sorta confusing, which means you should see someone locally to explain this to you.
first of all thank you for the quick reply. I actually called the irs and they said that since only I meet the requirements for earned income by claiming my son and his father doesnt, that I can claim him as a qualifying child, (for earned income credit) but not a dependant, and his father can claim him as a dependant(for exemption purpose) but not a qualifying child. Im still kind of confused, but the guy I spoke to told me it was okay. does this sound right to you?
Well, their own rules say the four things above. It depends in small parts conflicting with son's father (he claiming son dependent.) Don't know if more laws in effect to help you on this circumstance. Looks like up in the air.
My thoughts from their publications are the four items you need to meet:
3. Own independence
4. Filing status
You need ALL four, the fourth (seems real tricky.) You have another dependent child other than son? Not sure. Perhaps some others here on BB can weigh in their opinions.