You can claim a boyfriend or girlfriend as a dependent on your federal income taxes if that person meets certain Internal Revenue Service requirements. This is true for your girlfriend's child as well.
- To qualify as a dependent, your partner and child must have lived with you for the entire calendar year and listed your home as their official residence for the full year.
- If your partner has gross income above a certain amount ($4,700 for tax year 2023), you can’t claim that person as a dependent.
- You must have paid more than half of your partner’s and child's living expenses during the calendar year in which you’re claiming that person as a dependent.
The parents would have first priority in claiming. This would depend whether or not they paid for more than 1/2 support for the child. Typically for you to claim, it would be best if you file your return before the parents do. Then if the parents file claiming them as dependents, then their return will be rejected because you have already filed claiming your girlfriend as dependents. This could also work against you if they file first.
If this escalates into an ongoing dispute with the parents, you will need to file a protest letter with the IRS detailing the dispute and why you should be awarded the privilege of claiming your girlfriend and her child. This could be contentious because the investigation could be lengthy because you or her parents would need to provide tangible proof that you both paid for than 1/2 support.
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