New Tax Laws for Claiming Children: Credits and Filing Status

For the 2026 tax year, the main tax credits for claiming children are the Child Tax Credit (up to $2,200 per child under 17), the Earned Income Tax Credit (up to $8,231 for three or more children), the Child and Dependent Care Credit (up to 50% of care expenses), and the $500 Credit for Other Dependents. Each has its own eligibility rules, and the child has to pass the same basic dependency tests before any of them apply. The One Big Beautiful Bill Act, signed in 2025, raised the Child Tax Credit amount, made the earlier Tax Cuts and Jobs Act rules permanent, and added a new requirement: at least one parent or guardian claiming the credit must have a Social Security Number.

Who Counts as a Qualifying Child

Before any credit comes into play, the child has to qualify as your dependent under federal law. Six tests apply.

Relationship: the child must be your son, daughter, stepchild, adopted child, or eligible foster child, or a descendant of any of them. Siblings, half-siblings, stepsiblings, and their descendants also count.1Office of the Law Revision Counsel. 26 USC 152 – Dependent Defined Foster children qualify if placed with you by an authorized agency or court order.

Age: under 17 at year-end for the Child Tax Credit specifically.2Office of the Law Revision Counsel. 26 USC 24 – Child Tax Credit For general dependency, under 19, or under 24 if a full-time student. No age limit if the child is permanently and totally disabled.

Residency: the child must live with you for more than half the year. Temporary absences for school, illness, military service, vacation, or juvenile detention still count as time at home, as long as the child is expected to return.3Internal Revenue Service. Publication 501 – Dependents, Standard Deduction, and Filing Information

Support: the child cannot have provided more than half of their own financial support. Social Security benefits the child receives and spends on themselves count as their own support, even if you’re the representative payee.1Office of the Law Revision Counsel. 26 USC 152 – Dependent Defined

Joint return: the child cannot have filed a joint return with a spouse, unless it was filed only to claim a refund.

Citizenship and identification: the child must be a U.S. citizen, U.S. national, or U.S. resident alien. For the Child Tax Credit, the child must also have a valid Social Security Number issued before the filing deadline for your return.4Internal Revenue Service. Child Tax Credit

Child Tax Credit for 2026

Each qualifying child under 17 can reduce your federal tax bill by up to $2,200. Because it’s a credit, it wipes out tax owed dollar for dollar rather than lowering taxable income.2Office of the Law Revision Counsel. 26 USC 24 – Child Tax Credit

The $2,200 is non-refundable, so it can bring your tax liability to zero but won’t generate a refund on its own. The refundable piece, the Additional Child Tax Credit, kicks in if you have earned income of at least $2,500. The refundable amount equals 15% of your earned income above $2,500, capped at $1,700 per child for 2026.4Internal Revenue Service. Child Tax Credit If you earned $15,000, the calculation is 15% of $12,500, or $1,875. The $1,700 cap applies, so you’d receive $1,700 per qualifying child as a refund.

New Parent SSN Requirement

Starting with the One Big Beautiful Bill Act, at least one parent or guardian claiming the Child Tax Credit must have a valid Social Security Number. Under prior law, only the child needed an SSN. If the child has an Individual Taxpayer Identification Number or Adoption Taxpayer Identification Number instead of an SSN, you can’t claim the $2,200 credit for that child, but you can still claim the $500 Credit for Other Dependents.

Income Phase-Outs

You get the full credit if your modified adjusted gross income is at or below $200,000 (or $400,000 married filing jointly).2Office of the Law Revision Counsel. 26 USC 24 – Child Tax Credit Above that, the credit shrinks by $50 for every $1,000 of income over the threshold, and the reduction applies to your total credit, not per child. A married couple with two children and $420,000 of income exceeds the threshold by $20,000. That’s 20 increments of $1,000 times $50, a $1,000 reduction, dropping the total from $4,400 to $3,400. The same phase-out thresholds apply to the $500 Credit for Other Dependents.4Internal Revenue Service. Child Tax Credit

Credit for Other Dependents

Children who are 17 or older don’t qualify for the $2,200 credit, but they may qualify for the Credit for Other Dependents, a non-refundable $500 per dependent. This credit also covers elderly relatives and other dependents who meet the general dependency tests but don’t fit the Child Tax Credit age range.4Internal Revenue Service. Child Tax Credit

Earned Income Tax Credit

The Earned Income Tax Credit is one of the largest refundable benefits for working families with children, and many parents who claim the Child Tax Credit have never claimed the EITC even though they qualify. For 2026, the maximum amounts are:

  • One child: up to $4,427
  • Two children: up to $7,316
  • Three or more children: up to $8,231

The EITC uses the same qualifying child definition, with one added condition: the child must live with you in the United States for more than half the year. The Child Tax Credit accepts any country of residence within the general dependency rules; the EITC does not.5Office of the Law Revision Counsel. 26 USC 32 – Earned Income

Income limits are much lower than for the Child Tax Credit. For 2026, single or head of household filers can earn up to $51,593 with one child, $58,629 with two, or $62,974 with three or more. Joint filers get roughly $7,200 more headroom at each tier. The credit phases in as income rises, peaks at a maximum, and phases out, so it can produce a substantial refund even if you owe no federal tax.

Child and Dependent Care Credit

If you pay for child care so you (and your spouse, if you’re married) can work or look for work, the Child and Dependent Care Credit offsets part of that cost. It applies to care expenses for children under 13 or dependents who are physically or mentally unable to care for themselves.

The maximum expenses you can claim are $3,000 for one qualifying child or $6,000 for two or more. The credit percentage ranges from 20% to 50% of those expenses depending on income. The One Big Beautiful Bill Act raised the top rate from 35% to 50% for families with adjusted gross income of $43,000 or less (unmarried) or $75,000 or less (married filing jointly). A low-income family with two children and at least $6,000 in care expenses can receive up to $3,000. Higher-income families still get the credit, but the percentage drops toward the 20% floor.

One catch: if you contribute to a dependent care flexible spending account through your employer, those dollars can’t also be claimed for this credit. No double-dipping on the same expenses.

Head of Household Filing Status

Claiming a qualifying child often lets you file as Head of Household instead of Single, which gives you a larger standard deduction and wider tax brackets. For 2026, the Head of Household standard deduction is $24,150, compared to $16,100 for Single, a difference of $8,050 before credits are even applied.6Internal Revenue Service. IRS Releases Tax Inflation Adjustments for Tax Year 2026, Including Amendments From the One Big Beautiful Bill

To qualify, you must be unmarried (or considered unmarried) on the last day of the year, have paid more than half the cost of maintaining your home, and have a qualifying person who lived with you for more than half the year.3Internal Revenue Service. Publication 501 – Dependents, Standard Deduction, and Filing Information

When Two People Claim the Same Child

If more than one person tries to claim the same child, the IRS applies tiebreaker rules in this order:7Internal Revenue Service. Tie-Breaker Rule

  • If only one person is the child’s parent, that parent gets the claim.
  • If both are parents and don’t file jointly, the parent the child lived with longer claims the child.
  • If the child lived with each parent equally, the parent with the higher adjusted gross income claims.
  • A non-parent can only claim if no parent claims, and only if the non-parent’s income is higher than the highest income of any parent who could have claimed.

Filing first doesn’t give you priority. If two people both claim the same child, the IRS will flag the returns and ask for documentation of residency and relationship.

Divorced or Separated Parents

After a divorce or separation, the custodial parent (the one the child lived with for the greater number of nights during the year) generally has the right to claim the child.8Internal Revenue Service. Frequently Asked Questions – Dependents If the custodial parent wants to let the other parent claim the child, they must sign IRS Form 8332 releasing the exemption. The non-custodial parent then attaches that form to their return for each year the release applies.9Internal Revenue Service. Form 8332 – Release/Revocation of Release of Claim to Exemption for Child by Custodial Parent

A detail that trips people up: even if a divorce decree gives the non-custodial parent the right to claim the child, the IRS doesn’t honor the decree by itself. Form 8332 is still required. Without it, the IRS defaults to the custodial parent. A custodial parent who signs the release can revoke it later using Part II of the same form, but the revocation only applies to future tax years.

Filing, Refund Timing, and Penalties

All child-related credits are calculated on Schedule 8812, filed with your Form 1040. Each child’s name and identification number must match their Social Security card exactly. A transposed digit or misspelling can delay your refund.10Internal Revenue Service. Instructions for Schedule 8812 (Form 1040) Keep records that prove your child lived with you (school records, medical records, child care statements) in case the IRS questions your claim.

The IRS Free File program offers guided preparation at no cost if your adjusted gross income is $89,000 or less.11Internal Revenue Service. E-file: Do Your Taxes for Free Returns claiming the Earned Income Tax Credit or Additional Child Tax Credit face a legally required processing delay: refunds for those returns generally aren’t issued before mid-February, even if you file in January.12Internal Revenue Service. Refunds

Claiming a child you don’t qualify for carries real consequences. If the IRS finds the claim was due to reckless or intentional disregard of the rules, you’ll be banned from claiming the Child Tax Credit, Additional Child Tax Credit, Earned Income Tax Credit, and American Opportunity Tax Credit for two years. If fraud is found, the ban is ten years.13Internal Revenue Service. What to Do if We Deny Your Claim for a Credit On top of the ban, filing an excessive refund claim without reasonable cause triggers a separate penalty equal to 20% of the disallowed amount.