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We have 3 kids but 2 are my husband and mine. Do I claim my eldest and he claims the youngest 2? I earn more yearly.

 
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We have 3 kids but 2 are my husband and mine. Do I claim my eldest and he claims the youngest 2? I earn more yearly.

Even if you file separate returns, both of you have to indicate the income of your spouse. The family income is then used to calculate credits and deductions. If you do file separately, either of you can claim the children as dependents on your return, as long as each child is claimed only once. If your husband earns much less than you, may be the non-refundable credits would not make a difference in his return if he claims the two youngest or all three. 

 

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