What if I am eligible for the New York State EIC and the New York Noncustodial EIC?
If you are eligible for the New York Noncustodial EIC and claimed a federal EIC, we'll calculate the New York State EIC and the New York Noncustodial EIC. We'll automatically use the larger of the two on your New York state tax return. You cannot claim both the New York State EIC and the New York Noncustodial EIC. Whichever gives you the greater benefit will be used on your New York state tax return.
