Can my boyfriend claim me and our daughter since I didn’t work 2017?

[xmasbaby0]

Did you all live together for the whole year?

[Critter]

He cannot claim you if you live in Mississippi or Michigan.

[lindasothearoth]

We don’t live in Mississippi or Michigan, far from there. Thank you 🙂

[lindasothearoth]

& yes we did all live together the whole year

[SweetieJean]

Did you have any income of any type in 2017?

[lindasothearoth]

no, i did not work at all. i’m in college part time and stay at home mom.

[SweetieJean]

Any scholarships or grants?

[lindasothearoth]

i receive financial aide and i think some grants.

[SweetieJean]

Your grants may be taxable.

[lindasothearoth]

does that mean when he claims me he can claim that ? i’m so new at this.

[Critter]

That is a hard maybe ... you first need to determine if any of the financial aide is taxable.  Any financial aid not used for tuition, required fees and books will be taxable income to you even if you don't need to file a return.

[Hal_Al]

There are two things that scholarships affect:
1. If more than $4050 of you scholarship is taxable*, you do not meet the income test to be your BF's dependent. Scholarships that pay for living expenses (room, board and transportation) are taxable. Scholarships that pay for tuition, fees and books is not.
2. If all your scholarships & loans total more than half your support, you do not meet the support test to be your BF's dependent. The IRS has a worksheet that can be used to help with the support calculation. See: <a rel="nofollow" target="_blank" href="http://apps.irs.gov/app/vita/content/globalmedia/teacher/worksheet_for_determining_support_4012.pdf"...> The support value of a home is the fair market rental value, divided by the number of occupants.

"does that mean when he claims me he can claim that ? " No. If you have a small amount of taxable scholarship, and are somebody else's dependent; that person does NOT report your income on his tax return. Since it's less than the filing requirement ($6350), you don't report it either.

*Even though part of your scholarship may be taxable, it is not "earned income" and will not qualify you for the child based refundable tax credits.

[lindasothearoth]

thank you! i don’t have any scholarships. my financial aide only pays part of my tuition and books. i commute to college

[Hal_Al]

He can claim his child if the child lived with him for more than half the year (or half the time since being born in case of newborns).

He can claim you, if you lived with him all year. 

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. His biological child, that lived with him is his QC.

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

1. Closely Related OR live with the taxpayer ALL year

2. His/her gross taxable income for the year must be less than $4,050 (2016-17)

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

In either case:

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 or be claiming a dependent of his own

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