My boyfriend and i lived together all year in 2017 suppirting my 2 children together. We can not file together as I am still legally married. My ex husband can not claim them as I have a court order stating I am the one That gets to claim them. My boyfriend made a lot more money than i did last year and he helped pay for my children. I made around 6,000 last year he made a little under 20,000.
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Your boyfriend cannot claim you because you made more than $4050. But he can claim the kids, because you made less than $10,400*.
BUT, your child may qualify as a dependent, but because he is not related, he cannot be your BF's qualifying child for the earned income credit, child tax credit or Head of Household filing status.
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:
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*
*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
So, if your $6000 of income was from self employment, and not W-2 wages, you are required to file a return and your BF cannot claim your kids
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