Yes, your child can be considered a qualifying child for both the Earned Income Credit (EIC) and the Child Tax Credit (CTC) if certain conditions are met.
For the Earned Income Credit, the child must live with you in the United States for more than half of the tax year. However, if your child was born alive and died in the same year, you may treat the child as having lived with you for more than half of the year if your main home was the child's main home for more than half of the time the child was alive. This means that if your child was born alive and lived for 40 minutes, and your home was the child's main home during that time, the child can be considered to have met the residency requirement for the EIC.
For the Child Tax Credit, similar rules apply. The child must live with you for more than half of the tax year to be a qualifying child. If your child was born alive and died in the same year, you may treat the child as having lived with you for more than half of the year if your main home was the child's main home for more than half of the time the child was alive.
Additionally, for both credits, you must provide a valid Social Security Number (SSN) for the qualifying child. If your child was born and died in the same year and did not have an SSN, you can enter "DIED" in place of the SSN on the relevant tax forms and attach a copy of the child's birth certificate, death certificate, or hospital records showing a live birth.
Therefore, if your child was born alive and lived for 40 minutes, and you meet all other requirements, you can claim your child as a qualifying child for both the Earned Income Credit and the Child Tax Credit.
Sources:
1040 (2023)
§ 152. Dependent defined
Publication 501 (2023)
