Tax Year Prior to 2020: Can i claim my girlfriends children as dependents?

[Dpelley10]

Just a heads up the IRS has no idea if they lived with you or not they can only go based off what you say

[Dpelley10]

Ma’am your totally Incorrect don’t post URLs to publications Too have them prove you wrong If you claim a Child as a dependent automatically head of household that kid does not to be related to you and you guys understand what half siblings are right so if they got a kid in common the other kids that they claim they will get the EIC for also.. As long as the other child’s parent is not able to claim a tax refund and you supported them you can claim the child regardless if it’s related to you or not.

[RayW7]

Yes you can claim your biological child and you can claim a boyfriend or girlfriend and their children as dependents if they are your qualifying relatives. 

See notes below for qualifying relative.

Boyfriend/Girlfriend:  To be a qualifying relative (dependent) you don't have to be an actual relative - however,
    whoever claims them must provide more than 1/2 of the individuals support,
    they must not earn more than $4,300 in 2020  (social security doesn't count),
    they must not file a joint return with another
    If not an actual relative, they must live with the person claiming them all 365 days of the year
    they must be a US citizen or resident of the US, Canada or Mexico
    they are not a qualifying child of another taxpayer.

Boyfriend/Girlfriend's Children:  In addition to the above requirements, to claim your boy/girlfriend's children who are not also your 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, and
    they meet all of the requirements above to be a qualifying relative.

An additional issue - a boyfriend/girlfriend and their child (who is not also your child) will not qualify you for Head of Household because you are not related.  Also, the child will not qualify you for earned income credit, child tax credit or the child and dependent care credit (again, because you're not related.)
 [edited 01/15/2021|13:14]

@Dpelley10 

[xmasbaby0]

@RayW7 Could you please check some of your "ready to paste" answers?  Several of them are pretty out of date.   Your answer above refers to 2014.

[VolvoGirl]

@Dpelley10   The posts are about a boyfriend claiming them.  If you are not married the children are not your step child and won't qualify you for Head of Household etc.   They are just Other Dependents.

[xmasbaby0]

@Dpelley10 In order to claim a child as a step child you have to be legally married to the child's parent, or else you are committing tax fraud.

[TasnimH2]

Corrected answer above. 

[JTLandCo]

The short answer is YES, however that being said, it’s important to note, that in order for you to qualify for the EIC your dependents would need to be your step children, by legal marriage, adoption, or under legal guardian ship. Although these specifications weren’t closely monitored by the IRS in the past. As of Dec 2017 amid the new tax bill. They inserted a passage which details these particular tax credits and reform. This reform is intended on cutting back on tax refunds, which I suppose they felt were being sent out to earners who were not originally entitled to them. When the EIC program began several decades ago, it was an incentive to get parents back to work, after having children. Many mothers stayed home to care for their children and some felt it was costly to pay for child care, and so forth. Basically it was a tax credit for those who had children. Throughout the years the EITC became a money grab for many tax payers, including many of which were not technically entitled to it. The EIC rather has paid out billions of dollars to earners, and the IRS has paid it blindly, and mostly without question. Although you may be one of the lucky ones who doesn’t get audited or be randomly selected for a review. The last couple years millions of tax payers have gotten audited, sanctioned and the like. Tax refunds have been delayed, placed on hold, and so on... Many who have not yet experienced this headache, I’m certain they will in the coming years. They are going to be reviewing practically every tax return going forward in order to catch tax payers and correct their refunds. They are specifically going to make sure that those who are claiming dependents are indeed rightfully entitled to do so. They will request documents that will support your claim. If they’re step children, then they will ask you to provide a marriage certificate, and it must be dated in or before the income tax year in question. If adoption is the case, then legal documents will be asked to support those facts, etc. Like I said, if you file and claim dependents they are delaying those refunds by a few extra weeks. Not everyone will be under review, or audited right away, but expect to be in the coming years. More so if your taxes are being done by self preparing tax services. It’s more likely to slip through the cracks if your taxes are done by a professional licensed tax consultant, because most have been recently educated in verifying these specificities. Now, if you claim dependents, and are legally entitled, you may not qualify for the EITC but I believe there are other credits you may be able to receive. 

[JTLandCo]

The IRS if audited will require that you are legally married, in order to claim an EITC, if your using them as dependents. That’s the only way they will refund that particular tax credit. 

[JTLandCo]

Only if you lived in the same home 6+ months out of the earned income tax filing year. Paying support etc does not qualify you for the EITC 

[Taxcredit]

[quote]

You can claim a boyfriend or girlfriend and their children as dependents if they are your qualifying relatives.

Boyfriend/Girlfriend:  To be a qualifying relative (dependent) you don't have to be an actual relative - however,
    whoever claims them must provide more than 1/2 of the individuals support,
    they must not earn more than $3,950 in 2014  (social security doesn't count),
    they must not file a joint return with another
    If not an actual relative, they must live with the person claiming them all 365 days of the year
    they must be a US citizen or resident of the US, Canada or Mexico
    they are not a qualifying child of another taxpayer.
Tax consultant near me  http://yourbooksontime.com/tax-consultant site Your Books On Time.
 Boyfriend/Girlfriend's Children:  In addition to the above requirements, to claim your boy/girlfriend's children who are not also your 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, and
    they meet all of the requirements above to be a qualifying relative.

An additional issue - a boyfriend/girlfriend and their child (who is not also your child) will not qualify you for Head of Household because you are not related.  Also, the child will not qualify you for earned income credit, child tax credit or the child and dependent care credit (again, because you're not related.)

[/quote]

How was the question solved ???

[JTLandCo]

Yes, if they provide legal documentation of Divorce and proof of household residency  that they lived under same roof 6+ months of that income tax year 

[xmasbaby0]

@JTLandCo Sorry---those are not the rules for claiming a dependent.  Not sure where you got that incorrect information.

CREDIT FOR OTHER DEPENDENTS

https://ttlc.intuit.com/questions/4499708-what-is-the-500-credit-for-other-dependents-family-tax-cre...

WHO CAN I CLAIM AS A DEPENDENT?

You can claim a child, relative, friend, fiance (etc.) as a dependent on your 2019 taxes as long as they meet the following requirements:

Qualifying child

• They are related to you.

• They cannot be claimed as a dependent by someone else.

• They are a U.S. citizen, resident alien, national, or a Canadian or   Mexican resident.

• They are not filing a joint return with their spouse.

• They are under the age of 19 (or 24 for full-time students).

• No age limit for permanently and totally disabled children

  •      They live with you for more than half the year (exceptions apply).

Qualifying relative

• They don't have to be related to you (despite the name).

• They cannot be claimed as a dependent by someone else.

• They are a U.S. citizen, resident alien, national, or a Canadian or Mexican resident.

• They are not filing a joint return with their spouse.

• They lived with you the entire year.

• They made less than $4300  (not counting Social Security)

• You provided more than half of their financial support. More info

When you add someone as a dependent, we'll ask a series of questions to make sure you can claim them.

Related Information:

• Does a dependent have to live with me?

• What does "financially support another person" mean?

• Can I claim a newborn baby?

[kmayosr1]

I was told I could not clam my fiancé kids because i am not the father, even though I provided for the the whole year. I was also told if we were married , I could claim them.

[kmayosr1]

Her and the children's father were never married, and they stayed with me since June. I went to Jackson Hewitt and that is what they told me.