Form 8332 and EIC

Trying to find out if I can claim EIC on my two children they were not in my custody, but the custodial parent has signed a form 8332 releasing thier claim to me. I know this allows me for the standard deduction but am unsure about EIC, if it helps or matters they lived with her for 7 more days threwout the year than me. I say lived although legally they lived with her even if it was almost 50/50. I live in Texas.

Quote:

---

Quoting Bandit69r

---

Trying to find out if I can claim EIC on my two children they were not in my custody, but the custodial parent has signed a form 8332 releasing thier claim to me. I know this allows me for the standard deduction but am unsure about EIC, if it helps or matters they lived with her for 7 more days threwout the year than me. I say lived although legally they lived with her even if it was almost 50/50. I live in Texas.

---

Form 8332 releases the tax exemption and the child tax credit to the NCP. It does NOT release EIC to the NCP. EIC can only be claimed by the parent with whom the child primarily lived. In this case mom...even though it was only by 7 days.