dependants

[Pattieparcel84]

I live with my boy friend all year with my two children.  When he went to file they told him he could not claim me or my children.

[DianeW777]

It depends.  The questions in TurboTax will help you decide and the information below. The requirements for claiming a dependent are as follows:

You can claim a child, relative, friend, fiancé(e), and so on as a dependent on your 2023 taxes as long as they meet the following requirements:

Qualifying child:

• They're related to you.
• They aren't claimed as a dependent by someone else.
• They're a US citizen, resident alien, national, or a Canadian or Mexican resident.
• They aren’t filing a joint return with their spouse.
• They're under the age of 19 (or 24 for full-time students).
  • There's no age limit for permanently and totally disabled children.
• They lived with you for more than half the year (exceptions apply).
• They didn't provide more than half of their own support for the year.

Qualifying relative:

• They don't have to be related to you (despite the name).
• They aren't claimed as a dependent by someone else.
• They're a US citizen, resident alien, national, or a Canadian or Mexican resident.
• They aren’t filing a joint return with their spouse.
• They lived with you the entire year (exceptions apply).
• They made less than $4,700 in 2023.
• You provided more than half of their financial support.

When you add someone as a dependent, we'll ask a series of questions to make sure you can claim them. There may be other tax benefits you can get when you claim a dependent.

For more information click the links here:

• Who can I claim as a dependent? (see the hyperlinks)
• IRS Dependents

[Hal_Al]

There are two types of dependents, "Qualifying Children"(QC) and Other ("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 and student status test, a relationship test and a residence test. Only a QC qualifies a taxpayer for the Earned Income Credit (EIC) and the Child Tax Credit. The Other dependent (qualifying relative) credit (ODC) is worth (up to) $500 per dependent and is non-refundable.  That is, it can only be used to reduce an actual tax liability.

Since none of you are related to him, his only chance of claiming you and the children is under the qualifying relative rules, which have already been listed above.  He can only get the (up to) $500  ODC credit, not the child credit or EIC.

 To claim your girlfriend's children, they must meet all of the Qualifying relative rules above and:

--- your girlfriend must not be required to file a tax return,
--- she does not file a return claiming the children