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Tax return question, please read!

I have been with my boyfriend 6.5 years. He has supported my son and I that long. (I was pregnant when we met). His biological father isn't involved, nor pay child support.

We are NOT married, I am a stay at home mom, therefore I do NOT work.

Can my boyfriend still claim him as his dependent? Thanks!

Answer Question
 
Anonymous

Asked by Anonymous at 2:38 PM on Dec. 29, 2009 in Money & Work

Answers (11)
  • i don't know but you can call a local H&R Block and they'll tell you.
    jeanclaudia

    Answer by jeanclaudia at 2:44 PM on Dec. 29, 2009

  • You cannot claim a person as a dependent unless that person is your qualifying child or qualifying relative.
    Tests To Be a Qualifying Child
    1. The child must be your son, daughter, stepchild, foster child, brother, sister, half brother, half sister, stepbrother, stepsister, or a descendant of any of them.
    2. The child must be (a) under age 19 at the end of the year and younger than you (or your spouse, if filing jointly), (b) under age 24 at the end of the year, a full-time student, and younger than you (or your spouse, if filing jointly), or (c) any age if permanently and totally disabled.
    3. The child must have lived with you for more than half of the year.2
    4. The child must not have provided more than half of his or her own support for the year.
    5. The child is not filing a joint return for the year (unless that joint return is filed only as a claim for refund).
    Anonymous

    Answer by Anonymous at 2:51 PM on Dec. 29, 2009

  • Tests To Be a Qualifying Relative
    1. The person cannot be your qualifying child or the qualifying child of any other taxpayer.
    2. The person either (a) must be related to you in one of the ways listed under Relatives who do not have to live with you, or (b) must live with you all year as a member of your household2 (and your relationship must not violate local law).
    3. The person's gross income for the year must be less than $3,650.3
    You must provide more than half of the person's total support for the year.4
    Anonymous

    Answer by Anonymous at 2:51 PM on Dec. 29, 2009

  • I would say, that based on Qualifying Relative test, your son qualifies as a dependent for your boyfriend, as would you.
    Anonymous

    Answer by Anonymous at 2:59 PM on Dec. 29, 2009

  • Call the IRS 1-800-829-1040 - Hours of Operation: Monday – Friday, 7:00 a.m. – 10:00 p.m. your local time (Alaska & Hawaii follow Pacific Time).
    rkoloms

    Answer by rkoloms at 3:36 PM on Dec. 29, 2009

  • NO! Neither you nor your son are related to your boyfriend so you are not qualified to be his dependents. Not unless you can manage to get married by Dec 31, 2009. Your boyfriend's tax rate will be much lower if you were married, also. I prepared taxes for three years and learned the IRS focuses on dependent questions because there is so much fraud. It isn't an audit, your boyfriend will receive a letter in the mail and have to prove his relationship. If he can't he may be fined.
    Anonymous

    Answer by Anonymous at 4:03 PM on Dec. 29, 2009

  • Ignore anon 4:03.

    " (b) must live with you all year as a member of your household2 (and your relationship must not violate local law). " This allows those not "family" to be claimed. But there are limits. Best bet is to contact a tax professional or the IRS for clarification.
    Anonymous

    Answer by Anonymous at 4:16 PM on Dec. 29, 2009

  • PS, the change in tax law allowing those who lived in your home the entire year be claimed happened for the 2008 tax year and forward.
    Anonymous

    Answer by Anonymous at 4:18 PM on Dec. 29, 2009

  • Anon 4:16 you are a lying troll. OP, go to www.irs.gov and it will be explained to you. I'm done trying to help. The answer is still NO.
    Anonymous

    Answer by Anonymous at 5:06 PM on Dec. 29, 2009

  • It looks as though the answer is yes.
    http://www.finaid.org/educators/irsdependent.phtml

    ...
    The dependent lived with the taxpayer for the entire year as a member of the taxpayer's household, except for temporary absences. Temporary absences include attending school, taking vacations, business trips, military service, and hospital stays. (If the person is placed in a nursing home for an indefinite period of time to receive constant medical care, the absence is considered temporary.) The relationship between the taxpayer and the dependent must not violate local laws (e.g., zoning restrictions on the number of unrelated persons living together)...
    DaphneMae

    Answer by DaphneMae at 5:36 PM on Dec. 29, 2009

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