What this line means
The tiebreaker rules that apply when more than one person claims the same qualifying child for the Earned Income Credit. The IRS uses a priority system: a parent wins over a non-parent, a parent with whom the child lived longer wins over the other parent, the parent with the higher AGI wins if the child lived with both parents equally, and a non-parent with the higher AGI wins over another non-parent. 1 You indicate whether you are the tiebreaker winner for each child.
Does this apply to you?
- You are a custodial parent and the other parent also tried to claim the EIC for the same child
- You are a grandparent or other relative claiming the EIC for a child whose parent also lives in the household
- You had the EIC disallowed because the IRS determined someone else had priority to claim the child
Easy to overlook
A parent always beats a non-parent, even with lower income If a child’s parent and grandparent both qualify to claim the EIC for the same child, the parent wins the tiebreaker regardless of income. 1 A grandparent earning $60,000 loses to a parent earning $20,000. The only exception is if the parent does not claim the child — then the non-parent with the highest AGI claims. IRS Publication 596 — Earned Income Credit
The tiebreaker applies even if the other person does not file The IRS determines tiebreaker eligibility based on who is eligible to claim the child, not who actually files first. 2 If two eligible people exist but only one files, the IRS still checks whether the filer is the correct claimant. Filing first does not guarantee winning the tiebreaker. IRS Form 8862 Instructions — Information To Claim Certain Credits After Disallowance
Watch out for this
Two family members claiming the same child in the same year. This is one of the most common EIC audit triggers. When both returns hit the IRS system, the agency flags both and may disallow both credits until the dispute is resolved. Before filing, coordinate with any other household member who lives with the child to agree on who claims the EIC. The wrong person claiming the child leads to delays, audits, and disallowance notices for everyone involved.
Footnotes
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IRS Publication 596, Earned Income Credit. https://www.irs.gov/pub/irs-pdf/p596.pdf ↩ ↩2
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IRS Form 8862 Instructions, Information To Claim Certain Credits After Disallowance. https://www.irs.gov/instructions/i8862 ↩