If you're considered married for federal and Massachusetts income tax purposes, you must file a joint tax return to be eligible for the
Earned Income Tax Credit. However, if you're a victim of domestic abuse
AND you're living apart from your spouse at the time you file your tax return, you're still eligible to claim the
Earned Income Tax Credit on your Massachusetts return.
You should keep records demonstrating the existence of domestic abuse. Examples include:
- a protective and/or restraining order,
- a police report,
- a doctor's report or letter,
- a statement from someone who was aware of, or who witnessed, the abuse or the results of the abuse (notarized if possible), or
- a sworn statement from you attesting to the abuse.