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dnthackme
New Member

Can you claim non blood relatives as dependents?

can I claim my girlfriend on taxes
12 Replies
DoninGA
Level 15

Can you claim non blood relatives as dependents?

You can claim a non-relative as a dependent if they meet all the requirements under the Qualifying Relative rules.  The main requirements are that they lived in your home for the entire year and that they did not have gross income for the year of $4,050 or more.

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 2017

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.

forestwalker86
New Member

Can you claim non blood relatives as dependents?

Which is it less or more than I assume it's less but the answer contradicts itself...
future2007
New Member

Can you claim non blood relatives as dependents?

I'm having an issue with this as well. My moms boyfriend claimed my kids but so did I.  I provide more then half of their support but she has custody.  I called the irs to ask who should legally claim them but they couldn't tell me. They live in his house hold half the yes r and half the year in mine. I can not prove this tho.  I dont know who should claim. I've always claimed them. 

DoninGA
Level 15

Can you claim non blood relatives as dependents?


@future2007 wrote:

I'm having an issue with this as well. My moms boyfriend claimed my kids but so did I.  I provide more then half of their support but she has custody.  I called the irs to ask who should legally claim them but they couldn't tell me. They live in his house hold half the yes r and half the year in mine. I can not prove this tho.  I dont know who should claim. I've always claimed them. 


Since the children are not related to him and they did not live in his home for the entire year, he cannot claim them as dependents under the Qualifying Relative rules.

 

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 $4,200 (social security does not count) in 2019
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.

Classicprint
New Member

Can you claim non blood relatives as dependents?

I have my wife's secound cousin 27 years old and her child 1 year old. Living with me since 4/01/2019 .She does and has not worked since living with me . I support both can I claim both on my 2019 tax.Him as dependent and her as a quailfying adult with no income.

Also if not filed 2019 will I or her get the Corinivirus stimulus check for them .She has not filed in several years.If I am able to claim them will I get the dependent part later even if I recieve mine now.

DMarkM1
Employee Tax Expert

Can you claim non blood relatives as dependents?

First, yes you can claim them both as dependents on your 2019 tax return.  They will both will be "Qualifying Relatives."  Generally, this will get you a credit of $500 each on your tax return. However, this may not be the best route to take.  (See more below) 

 

Neither will be a "Qualifying Child."  One because of not meeting the age and relationship tests and the other because of not meeting the relationship test. 

 

Since neither of the dependents are your "qualifying child" neither will get you a stimulus payment. 

 

Here is an extract of the "Qualifying Child" tests:

 

Relationship Test

To meet this test, a child must be:

  • Your son, daughter, stepchild, foster child, or a descendant (for example, your grandchild) of any of them; or

  • Your brother, sister, half brother, half sister, stepbrother, stepsister, or a descendant (for example, your niece or nephew) of any of them.

Age Test

To meet this test, a child must be:

  • Under age 19 at the end of the year and younger than you (or your spouse if filing jointly),

  • A student under age 24 at the end of the year and younger than you (or your spouse if filing jointly), or

  • Permanently and totally disabled at any time during the year, regardless of age.

 

If you do not claim either of them, the adult cousin can file an informational return and get a $1200 stimulus payment for herself and a $500 payment for her child.  Use this link to file an informational return for the stimulus payments.  

 

 

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Jessikenne3
Level 1

Can you claim non blood relatives as dependents?

???DMarkM1?

If there were a non related adult on disability and had lived with you till June 20th of 2019, and this person was their own guardian, paid you rent  for the room they had and was considered their own household (not a grouphome) when it came to ssi n ssdi and dhhs for foodstamps can they be claimed as a dependant when filing taxes this past April of 2020? Also do you have to have their concent? If they are not supposed to be claimed as a dependant but have been and don't recive their stimulus what can they do?

JotikaT2
Employee Tax Expert

Can you claim non blood relatives as dependents?

It depends.

 

If they are claimed as dependents when they should not have been, the taxpayer claimed as a dependent would need to file their own return and mail it in. 

 

The IRS will follow up to determine who should have filed the return and make adjustments as necessary.  

 

Identity theft guide from IRS

 

If the taxpayer is erroneously claimed as a dependent, they should continue to file their tax return in 2020.  When they file their return in 2020, they will have the opportunity to report the amount of the stimulus check(s) received, and if it was less than what they were entitled to, they will receive a credit on their tax return.

  

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Goose1955
Returning Member

Can you claim non blood relatives as dependents?

The person that claimed me lived in my home and payed rent as I also payed.rent so how does that work I buy my own food too?

Hal_Al
Level 15

Can you claim non blood relatives as dependents?

As noted above,  there are 6 tests that have to be met, for someone  to claim you as a dependent.

One of those tests is the "support test" that says the other person must have provide more than half your support, in order to claim you as a dependent.  Sine food and rent (housing) are the two primary support elements, it seems unlikely that test was met.  

The IRS has a worksheet that can be used to help with the support calculation. See: http://apps.irs.gov/app/vita/content/globalmedia/teacher/worksheet_for_determining_support_4012.pdf

BabyZayne
New Member

Can you claim non blood relatives as dependents?

I am in the process of adopting a friend's child (1yr), we only just did temporary custody papers at the beginning of this month but I have been the sole provider for the child since May of 2021. Am I able to claim him as a dependent of this year's taxes?

DoninGA
Level 15

Can you claim non blood relatives as dependents?


@BabyZayne wrote:

I am in the process of adopting a friend's child (1yr), we only just did temporary custody papers at the beginning of this month but I have been the sole provider for the child since May of 2021. Am I able to claim him as a dependent of this year's taxes?


To claim someone as a dependent who is not related to you, they must live in your home for the entire year along with the other requirements under the Qualifying Relative rules.

 

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 $4,300 (social security does not count) in 2021
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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