No, only one of you can claim the earned income credit (EIC) for your son. To qualify for EIC, your son must have lived with that person for greater than 6 months during the tax year.
There are four deductions or credits associated with children:
- the dependency exemption
- the Child Tax Credit (CTC)
- the Child and Dependent Care Credit (CDCC), and
- the earned income credit (EIC).
If you and your boyfriend lived together with your son during the tax year, only one of you can claim these four items. However, if you and your boyfriend lived apart, the custodial parent may either (a) claim everything or (B) let the noncustodial parent claim the dependency exemption and the Child Tax Credit. EIC and the Child and Dependent Care Credit always go with the custodial parent.
In the case of parents who live apart, the IRS defines the custodial parent as the parent with whom the child spent the greater number of nights during the tax year.
For more information, please see the following TurboTax FAQs and tax tips:
Who can I claim as my dependent?
What is the Child Tax Credit?
What is the Child and Dependent Care Credit?
What are the qualifications for the Earned Income Credit (EIC or EITC)?
What Happens When Both Parents Claim a Child on a Tax Return?
What is Form 8332: Release/Revocation of Release of Claim to Exemption for Child by Custodial Parent
