Federal Tax Credits
 

Earned Income Credit Married Filing Separately

Can I claim the earned income credit when I am married filing seperately from my spouse?

Many taxpayers ask about the earned income credit and married filing seperately. This is a very common question when it comes to claiming the earned income credit. However, the sad answer is no. If you are married but are filing seperately from your spouse, then you are not eligible to claim the earned income tax credit from the IRS.

I am married, how to claim the earned income credit?

When you are married, your tax filing status generally must be married filing jointly with your spouse to claim the earned income credit or EIC.

 

Earned Income Credit Married Filing Seperately

 

I am married, I cannot file jointly, how to claim the earned income credit?

If you are married but your spouse did not live with you in your home at any time during the last 6 months of the tax year, then you may be considered "unmarried" even though you are technically married. If you can be considered unmarried, then you may be able to file your tax return using the head of household tax filing status instead of using the married filing separately tax filing status. If you file as a head of household and not married filing separately, then you may be able to claim the earned income tax credit. The IRS Publication 501 details head of household tax filing status, exemptions and standard deductions.

 

Where to get more information on earned income credit and married filing separately?

For more information on earned income tax credit, see IRS publication 596, Earned Income Credit.

 Federal-Tax-Credits