Can my fiance claim my child and I? and get the earned income credit for my child?

Can my fiance claim my child and I? and get the earned income credit for my child? My fiance made under $20,000. We have all lived together for several years. Both our names are on all the bills. The other parent is not a part of my child's life. I made less than $3,800 last year and my fiance provided more than 50% of our support. I will only file to get a return. If you need to know anymore information about me or my situation just ask.
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    No, he cannot qualify for the EIC by claiming your child as a dependent because the IRS uses the qualifying child rule for purposes of the EIC, and he can't claim your child as a dependent under that particular rule. See below. However, you and he may still qualify for the EIC. Again, see below.

    First, the EIC is a refundable tax tax credit, which means that you can generate a refund even if you have not paid or owe any federal tax. It can also fully reduce the tax you owe to zero and generate a refund if the credit is large enough.
    Second
    Many people are eligible to receive the EIC and a refund even though they aren’t required to file a tax return. However, you must actually file a tax return to get the credit and any refund.
    Third, one doesn't have to have a child to qualify for the credit. 
    The amount of the credit and the ability to qualify for it is influenced by having Qualified Children, but many people still qualify for the credit even if they don’t have children.

    In order for your fiance to claim your child a dependent the qualifying child rule has to be met:
    The IRS uses “Qualifying Child” to determine the amount of the credit. To be your qualifying child for the EIC, a relative must have a valid Social Security Number and pass all the age, relationship, residency and joint return tests. Your relative must be your son, daughter, adopted child, stepchild, foster child, brother, sister, stepbrother, stepsister or a descendent of any of them.


    • GREAT ANSWER I LOVE IT
    • ONE THING I DONT GET BUT I LOVE IT IS U SAID U CAN GENERATE DAT REFUND IF U DNT EVN REQUIRE TO FILE OR NOT I LIKE THAT BUT WHY THEY DOING THAT?
    • Can we file jointly?
    • Only if you are married.
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