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He would only be able to claim you and your child under Qualifying Relative rules as non-related dependents provided you each meet all the requirements.
To be a Qualifying Relative -
1. The person cannot be your qualifying child or the qualifying child of any other taxpayer. A child is not the qualifying child of any other taxpayer if the child's parent (or any other person for whom the child is defined as a qualifying child) is not required to file an income tax return or files an income tax return only to get a refund on income tax withheld.
2. The person either (a) must be related to you or (b) must live with you all year as a member of your household.
3. The person's gross income for the year must be less than $4,050 (social security does not count) in 2017
4. You must provide more than half of the person's total support for the year.
5. The person must be a U.S. citizen or a U.S., Canada, or Mexico resident for some part of the year.
6. The person must not file a joint return with their spouse.
He would only be able to claim you and your child under Qualifying Relative rules as non-related dependents provided you each meet all the requirements.
To be a Qualifying Relative -
1. The person cannot be your qualifying child or the qualifying child of any other taxpayer. A child is not the qualifying child of any other taxpayer if the child's parent (or any other person for whom the child is defined as a qualifying child) is not required to file an income tax return or files an income tax return only to get a refund on income tax withheld.
2. The person either (a) must be related to you or (b) must live with you all year as a member of your household.
3. The person's gross income for the year must be less than $4,050 (social security does not count) in 2017
4. You must provide more than half of the person's total support for the year.
5. The person must be a U.S. citizen or a U.S., Canada, or Mexico resident for some part of the year.
6. The person must not file a joint return with their spouse.
If you are asking this for the upcoming 2018 tax returns, you and your child could only be claimed as your BF's dependents if you lived together for all of 2018, and you earned less than $4150. Your BF would get the $500 Credit for Other Dependents for each of you. He could NOT get the child tax credit, earned income credit or childcare credit, nor can he claim to be Head of Household.
CREDIT FOR OTHER DEPENDENTS
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