My tax return was rejected, how do I fix this? my ex claimed the eic credit on one of our children, they live with me full time, are the dependent and eic credit different, he gets 1 dependent and I get 1, I take both for eic credit. thanks

rejected claim due to duplicate eic use

(Asked 08/27/09, Views 11)

Do you mean you each claim one child for EIC, Then the child you are taking the EIC only for make sure in the Dependent Information under Dependent Type that you selected Nondependent - used for EIC/dependent care only.

To check
- click Personal tab
- click Edit under About Your Dependents
- click Edit next to the child you are claiming EIC only
- by Dependent Type - select Nondependent - used for EIC/dependent care only

You should then be able to re-efile

(Posted 08/27/09)

No he claims one as a dependent and I claim one as a dependent. I claim both of them for the eic tax credit because they both live with me 12 months out of the year. He filed his claim first and not only claimed one dependent he claimed one eic credit as well. The irs rejected my claim because the social security number was used by him for the eic credit first. He is asking me to change my return and say I only have one child as a dependent and one for the eic credit. He wants to pay me instead of amending his return. I am worried this will get me in trouble. He doesn't want me to see the irs about ths at all.

(Posted 08/27/09)

Sorry, I misunderstood your original question, one of the qualifications to claim the EIC for a child is that they lived with you for at least six months of the tax year. If the child he claimed did not live with him for that time then I would suggest he not claim the EIC and you keep your return as is.

He should amend his return to take the EIC off and then you would have to mail in your return since an amended return can take 12 weeks or more to process.

See the following Rules If You Have a Qualifying Child
http://www.irs.gov/publications/p596/ch02.html

(Posted 08/27/09)

"He is asking me to change my return and say I only have one child as a dependent and one for the eic credit."

I'm sure he does. Based on your facts, his return is incorrect. That means he has a problem. I would recommend that you not let it be your problem. Whether he changes his return or not, you would need to file your return on paper instead of e-filing it. Even if he changes his return, the change will not be made in IRS's system before your return is due, so you would still need to file on paper.

If he does change his return, you would get your refund. If he doesn't change it, you would still get your refund, but the the IRS will send notices to each of you to determine which is correct so they can adjust one return. The result should be that HE will pay additional tax, interest and perhaps penalties - but that's not your problem.

(Posted 08/27/09)

Your welcome, you need to leave your return as is and mail it in, his tax man is wrong the best way to handle it is NOT by you changing your return. You never want to send the IRS a tax return you know is not right, stick to your guns, if he does not want to change his return then he will deal with the IRS not you.

(Posted 08/27/09)