EIC for TP w/2 kids who all live w/TP's parents

[Gretel]

Yes, you not only should recommend but tell them they have to amend their returns. It is still their decision and you cannot make them do anything but it's still the law and your due diligence.

[Jesse]

Why would ProSeries give us users the option under "date of birth" (Code Q) of "not a dependent child (but is qualifying person for earned income credit and/or the child tax credit and/or the credit for child dependent card expenses)" in the info wksht?

For the custodial parent that allows the noncustodial parent to take the exemption for your dependent.

In this case they do not have a dependent but can still claim the EIC and dependent care credit. I have yet to see the child tax credit in this case.

Agree with Gretel, you should recommend they amend.

[David1980]

You could in fact split the benefits. If the parents are the son & his mom or daughter & his father. Although rather disgusting to think of, it's possible, as long as they're "separated". Although I'm not sure how you would determine which one is the custodial parent (I think you'd have trouble saying they're separated).

If you don't have that happening here you don't have the option of splitting benefits.