My wife and I are married filing separately. We have one son and we meet all of the dependency exemption tests. We contributed an equal amount to our son's support and want to know if we both can claim him on our separate returns?

Refer to Publication 501, Exemptions, Standard Deduction and Filling Information, for more information.

A dependency exemption may only be claimed on one return. Since neither you nor your wife contributed more than half of your son's support, one of you can still claim dependency exemption for your son only if the other spouse provides a written declaration that he or she will not claim the child as a dependent for that year. Form 2120 (PDF), Multiple Support Declaration, can be used for this purpose.

My husband and I were separated the last 11 months of the year and our two children lived with me. My husband provided all the financial support. Who can claim the children as dependents on the tax return?

For children of divorced or separated parents, generally, the custodial parent is treated as the parent who provided more than half of the child's support. This parent is usually allowed to claim the exemption for the child if the other exemption tests are met. However, the noncustodial parent may be treated as the parent who provided more than half of the child's support if certain conditions are met. This parent is usually allowed to claim the exemption for the child if the other exemption tests are met. However, the noncustodial parent may be treated as the parent who provided more than half of the child's support if the custodial parent releases his or her claim to the exemption by completing Form 8332 (PDF), Release of Claim to Exemption for Child of Divorced or Separated Parents, or signing a substantially similar statement. Please be aware that if you release your claim to the dependency exemption for a child, you may not claim a Child Tax Credit for that child.

Refer to Publication 501, Exemption, Standard Deduction, and Filing Information or Publication 504, Divorced or Separated Individuals, for more information on the special rule for children of divorced or separated parents.

My spouse and I are filing separate returns. How can we split our itemized deductions?

If you and your spouse file separate returns and one of you itemizes deductions, the other spouse will have a standard deduction of zero. Therefore, the other spouse should also itemize deductions.

You may be able to claim itemized deductions on a separate return for certain expenses that you paid separately or jointly with your spouse. Deductible expenses that are paid out of separate funds, such as medical expenses, are deductible by the spouse who pays them. If these expenses are paid from community funds, the deduction may depend on whether or not you live in a community property state. In a community property state, the deduction is, generally, divided equally between you and your spouse. For more information refer to Publication 504, Divorced or Separated Individuals; and Publication 555, Community Property.

Can I claim an education credit if I am married but file separately?

No. Neither the Hope Credit nor the Lifetime Learning Credit can be claimed if the individual is married but filed a separate return.

My wife and I have two children and we are going to file separate returns this year. Can we each claim one child for the 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.