If your child was born alive and died during the same year, and the exemption tests are met, you can take the full exemption. This is true even if the child lived only for a moment. Whether your child was born alive depends on state or local law. There must be proof of a live birth shown by an official document such as a birth certificate. Under these circumstances, if you do not have a social security number for the child, you may attach a copy of the child's birth certificate instead and enter "DIED" in column 2 of line 6c of the Form 1040 (PDF) or Form 1040A (PDF).

Normally, to be qualifying child and meet the residency test, your child must have lived with you for more than half of the tax year. For earned income credit purposes, if your child was not alive for more than half of the year, the year, the child is considered to meet the test as if the child lived with you for the entire time he or she was alive during the year. The earned income credit generally requires that you provide a valid social security number for your qualifying child. If you meet all the other requirements to claim this credit and your child was born and died in the same year, you will not be required to provide a social security number for that child. Instead, you may enter "DIED" on line 4 of Form 1040, Schedule EIC (PDF) Earned Income Credit, and attach a copy of the child's birth certificate.

References:

• Publication 501, Exemptions, Standard Deduction, and Filing Information
• Publication 596, Earned Income Credit
• Tax Topic 601, Earned Income Credit
• Tax Topic 606, Child Tax Credits

You do not have to be entitled to claim the child as a dependent to claim the earned income credit based on the child being your qualifying child. If, however, the child is married, you must be entitled to claim the child as a dependent unless the reason you are not entitled to claim your married child as a dependent is that you released a claim to a dependency exemption for the child under the special rule for divorced or separated parents or parents who live apart. For more information, refer to Rules 8 and 9, Qualifying Child, in Publication 596, Earned Income Credit.

Refer to Publication 596, Earned Income Credit, for a full discussion of the earned income credit rules.

References:

• Tax Topic 601, Earned Income Credit

The noncustodial parent cannot claim the earned income credit on the basis of that child because the child did not live with that parent for more than half of the tax year, and therefore does not meet the residency test. The custodial parent may be able to claim the earned income credit.

Refer to Publication 596, Earned Income Credit, for the earned income credit rules.

References:

• Tax Topic 601, Earned Income Credit

In order to qualify for the earned income credit, your filing status cannot be married filing separately. If you are married, you usually must file a joint return to claim the earned income credit.

However, if you are married and your spouse did not live in your home at any time during the last 6 months of the year, you may be able to file as head of household. In that case, you may be able to claim the earned income credit.

Please refer to Publication 596, Earned Income Credit, for a complete discussion of the earned income credit. Refer to Publication 501, Exemptions, Standard Deduction, and Filing Information, for the head of household filing status rules.

References:

• Tax Topic 601, Earned Income Credit