Houston, TX asked in Tax Law for Texas

Q: Could my spouse claim the earned income tax credit if are married and filing separately under the following scenario?

if myself and my spouse didn’t live together for the last six months of the year (we got married in November of 2018), if she chooses head of household filing status, Could she be able to claim the Earned Income Credit (EIC)?

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1 Lawyer Answer

A: Perhaps. However, the earned income credit does not necessarily apply to married taxpayers just because they lived apart for half the tax year. There are restrictions based on the amount of earnings.

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