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Bdub6420
New Member

filing dependents

y boyfriend and I have been together for 4 years I claimed MY daughter the last 3 years (father absent). My boyfriend and I now share a child, he was providing for us the whole year last year due to me being pregnant and on bed rest the whole time. Is he allowed to file bot the children and claim the CTC for both since the only other person who can claim her is me and I only made like $2000 for the whole year?

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2 Replies

filing dependents

He can claim his child and the other child who is not his on a tax return provided they meet all the requirements.  He may be also able to claim you as a dependent.

He can only be eligible for the Child Tax Credit for his his child.  The other child is only eligible for the Other Dependent credit of $500.

 

He may also be eligible for Head of Household filing status if he provides over one-half the cost to maintain the home and he is claiming his child as a dependent.

 

The requirements for claiming his child -

To be a Qualifying Child -

1. The child must be your son, daughter, stepchild, foster child, brother, sister, half brother, half sister, stepbrother, stepsister, or a descendant of any of them.
2. The child must be (a) under age 19 at the end of the year, (b) under age 24 at the end of the year and a full-time student or (c) any age and permanently and totally disabled.
3. The child must have lived with you for more than half of the year. Temporary absences while away at college are considered living with you.
4. The child must not have provided more than half of his or her own support for the year.
5. If the child meets the rules to be a qualifying child of more than one person, you must be the person entitled to claim the child as a qualifying child.
6. The child must be a U.S. citizen or U.S., Canada or Mexico resident for some portion of the year.
7. The child must be younger than you unless disabled.

 

The requirements for claiming the child that it not his and you as dependents -

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 $5,050 (social security does not count) in 2024
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 with the following exception -
You can claim a person as a dependent who files a joint return if that person and that person’s spouse file the joint return only to claim a refund of income tax withheld or estimated tax paid.

DianeW777
Employee Tax Expert

filing dependents

Your boyfriend can claim the child you share as a qualifying child for the Child Tax Credit (CTC). 

However, your child would be considered a qualifying relative of your boyfriend since you aren't married and he is not related to your child.

 

This would mean he could claim the Child Tax Credit (CTC) for the child you share and the Other Dependent Credit (ODC) for your child.

 

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