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If I've support(ed) my boyfriend's son 16 & he has lived with us full time for those 6 years can I claim his as a dependent & what do I list him as?(step-child or other?)

 
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2 Replies

If I've support(ed) my boyfriend's son 16 & he has lived with us full time for those 6 years can I claim his as a dependent & what do I list him as?(step-child or other?)

He would be a qualifying relative dependent (the name of the regulation, which includes non-relatives).  

 

First, he can't be a qualifying child dependent of any other taxpayer.  If he is a qualifying child of another taxpayer, that person must claim him and you can't.  What that boils down to is that the boyfriend is a taxpayer, he must claim the child and you can't, because his claim has priority.  Your boyfriend is a taxpayer if he has taxable income more than $12,950, or self-employment income more than $400, or files a tax return to claim any other dependent, credit or benefit.  He can file a tax return and not be considered a taxpayer only if he owes no tax and is only filing to get a refund of withholding and claims no other credits or benefits.

 

Then, if the boyfriend is not a "taxpayer" for 2022, you can claim the son as a dependent if the son lived in your home the entire year and you provided more than half his support.  You would list the child as "other" -- he is not a stepchild unless you legally married his father. 

AliciaP1
Expert Alumni

If I've support(ed) my boyfriend's son 16 & he has lived with us full time for those 6 years can I claim his as a dependent & what do I list him as?(step-child or other?)

It depends.  A person can only be claimed as a dependent on 1 tax return.  So, if your boyfriend or his son's mother is claiming him, you cannot.  If that is not the case you, may be able to claim him as a Qualifying Relative if the situation meets the qualifications:

 

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 U.S. 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 $4,400 in 2022.
  • You provided more than half of their financial support.

See Who can I claim as my dependent? for more detailed information and How do I add or remove a dependent? to help enter a dependent in TurboTax.

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