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bambambaby_2005
New Member

Can I file a child that isn't mine but I have taken care of all year

I provide for my girlfriend of 11 years,our daughter and my girlfriend daughter. Can I file her daughter on my taxes? My girlfriend does not get child support and she does not work so I am the only one that provides for 3 other people and myself.
1 Best answer

Accepted Solutions
DoninGA
Level 15

Can I file a child that isn't mine but I have taken care of all year

You may be able to claim the child under the Qualifying Relative rules as a non-relative dependent if she meets 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 2016

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.

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4 Replies
DoninGA
Level 15

Can I file a child that isn't mine but I have taken care of all year

You may be able to claim the child under the Qualifying Relative rules as a non-relative dependent if she meets 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 2016

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.

tinkerbell_5832
New Member

Can I file a child that isn't mine but I have taken care of all year

So I would need to click "other" on dependents? Because we are not married so I can't put stepchild.
DoninGA
Level 15

Can I file a child that isn't mine but I have taken care of all year

Correct.  The child would be "Other" in the dropdown for Another person you support.
Hal_Al
Level 15

Can I file a child that isn't mine but I have taken care of all year

There are two types of dependents, "Qualifying Children"(QC) and standard ("Qualifying Relative" in IRS parlance even though they don't have to actually be related). There is no income limit for a QC but there is an age limit, a relationship test and a residence test. Only a QC qualifies the taxpayer for the Earned Income Credit, the Child Tax Credit. So, the child may qualify as a dependent, but because she is not related, she cannot be your qualifying child for the earned income credit, child tax credit or Head of Household (HoH) filing status.

Your biological child will qualify you for HoH.

 

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