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missy19
New Member

My boyfriend and I own a house together. Can he file head of household AND claim my son?

 
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Accepted Solutions

My boyfriend and I own a house together. Can he file head of household AND claim my son?

There are two types of dependents, "Qualifying Children"(QC) and standard ("Qualifying Relative" in IRS parlance even though they don't have to actually be related). There is no income limit for a QC but there is an age limit, a relationship test and a residence test. Only a QC qualifies a taxpayer for the Earned Income Credit and the Child Tax Credit.

The child may qualify as  his dependent, but because they are not related, your child cannot be his qualifying child for the child tax credit, earned income credit or Head of Household filing status.

A person can still be an standard dependent, if not a Qualifying Child, if he meets the 6 tests for claiming a dependent:

1. Closely Related OR live with you ALL year

2. His/her gross taxable income for the year must be less than $4150

3. You must have provided more than 1/2 his support

 Whether a qualifying child or qualifying relative:

4. He must be a US citizen or resident of the US, Canada or Mexico

5. He must not file a joint return with his spouse

6. He must not be the qualifying child of another taxpayer**

He must have a US social security number or tax identification number (TIN)

**In addition to the above requirements, to claim your boy/girlfriend's 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

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4 Replies

My boyfriend and I own a house together. Can he file head of household AND claim my son?

Is he the biological father of the child?
missy19
New Member

My boyfriend and I own a house together. Can he file head of household AND claim my son?

he is not
Carl
Level 15

My boyfriend and I own a house together. Can he file head of household AND claim my son?

Unfortunately, he can not file HOH. If he qualifies under the "relative dependent" rules relating to a non-blood related dependent, he can file single and claim him as a dependent.  But then, you can't claim him if you agree to that. The only potential issue here, is if the biological father has a right to claim the child.

My boyfriend and I own a house together. Can he file head of household AND claim my son?

There are two types of dependents, "Qualifying Children"(QC) and standard ("Qualifying Relative" in IRS parlance even though they don't have to actually be related). There is no income limit for a QC but there is an age limit, a relationship test and a residence test. Only a QC qualifies a taxpayer for the Earned Income Credit and the Child Tax Credit.

The child may qualify as  his dependent, but because they are not related, your child cannot be his qualifying child for the child tax credit, earned income credit or Head of Household filing status.

A person can still be an standard dependent, if not a Qualifying Child, if he meets the 6 tests for claiming a dependent:

1. Closely Related OR live with you ALL year

2. His/her gross taxable income for the year must be less than $4150

3. You must have provided more than 1/2 his support

 Whether a qualifying child or qualifying relative:

4. He must be a US citizen or resident of the US, Canada or Mexico

5. He must not file a joint return with his spouse

6. He must not be the qualifying child of another taxpayer**

He must have a US social security number or tax identification number (TIN)

**In addition to the above requirements, to claim your boy/girlfriend's 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

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