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Can i get eic for my live in girlfriends son

 
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1 Best answer

Accepted Solutions
Hal_Al
Level 15

Can i get eic for my live in girlfriends son

No. You must be related.

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 a taxpayer for the Earned Income Credit and the Child Tax Credit.

 A person can still be a Qualifying relative dependent, if not a Qualifying Child, if he meets the 6 tests for claiming a dependent. But, you only get to claim his $4050 exemption (deduction from income before tax is calculated)

1. Closely Related OR live with the taxpayer ALL year

2. His/her gross taxable income for the year must be less than $4,050 (2016-17)

3. The taxpayer must have provided more than 1/2 his support

In either case:

4. He must be a US citizen or resident of the US, Canada or Mexico

5. He must not file a joint return with his spouse or be claiming a dependent of his own

6. He must not be the qualifying child of another taxpayer

He must have a US social security number or tax identification number (TIN)

In addition to the above requirements, to claim your boy/girlfriend's children, they must meet all of the above requirements and:
--- your boy/girlfriend must not be required to file a return,
--- he/she does not file a return claiming the children

View solution in original post

3 Replies

Can i get eic for my live in girlfriends son

No.  'You' cannot.

Can i get eic for my live in girlfriends son

<a rel="nofollow" target="_blank" href="https://www.irs.gov/credits-deductions/individuals/earned-income-tax-credit/eitc-earned-income-tax-c...>
**Disclaimer: Every effort has been made to offer the most correct information possible. The poster disclaims any legal responsibility for the accuracy of the information that is contained in this post.**
Hal_Al
Level 15

Can i get eic for my live in girlfriends son

No. You must be related.

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 a taxpayer for the Earned Income Credit and the Child Tax Credit.

 A person can still be a Qualifying relative dependent, if not a Qualifying Child, if he meets the 6 tests for claiming a dependent. But, you only get to claim his $4050 exemption (deduction from income before tax is calculated)

1. Closely Related OR live with the taxpayer ALL year

2. His/her gross taxable income for the year must be less than $4,050 (2016-17)

3. The taxpayer must have provided more than 1/2 his support

In either case:

4. He must be a US citizen or resident of the US, Canada or Mexico

5. He must not file a joint return with his spouse or be claiming a dependent of his own

6. He must not be the qualifying child of another taxpayer

He must have a US social security number or tax identification number (TIN)

In addition to the above requirements, to claim your boy/girlfriend's children, they must meet all of the above requirements and:
--- your boy/girlfriend must not be required to file a return,
--- he/she does not file a return claiming the children

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