Claiming dependents?

[Kaylann1590]

If anyone can help clarify Id appreciate it. My fiance and I have lived together all of 2018. He has a biological son and I have a biological son that live with us. For 2018 he made the majority of the income and I averaged before taxes around $9000. Does he need to claim me as a dependent as well as my child on his tax return since we are all part of the same household?

[NCperson]

since you are not married, you each file as 'single'.  regardless of who supported whom financially, he claims his child and you claim yours.

the critical on the dependents is that there is a blood relationship and without the marriage certificate, there isn't one.  Without that marriage certificate, the IRS doesn't see you as 'the same household' (once you are married, you would normally file joint and since each child is blood to one of the parents, then they are both dependents on the joint return)

[BarbL]

Your fiance will likely qualify to file as Head of Household, as he maintained a home for his child for the entire year.   He must have paid more than half the cost of maintaining the home in 2018 and be unmarried.  More information of filing as Head of Household can be found here:   Filing as Head of Household   He will claim his child as a dependent, unless he has an agreement with the child's mother allowing her to claim the child.

While it is possible to claim a non-relative as a dependent under the qualifying relative rules, certain requirements must be met.  In your situation, he cannot claim you as a dependent in 2018 because your income exceeded the $4,150 limit for claiming a non-relative.  If you are required to file, you will file as Single.  Your child's situation will depend if you are required to file, the filing situation of the child's father, and any agreement you have with the father.  If your son is not the qualifying child of you or his father (per tax rules), it may be possible for your fiance to claim him.  See more here:  Rules for Claiming a Dependent