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Can my boyfriend claim me if we both got government assistance?

My boyfriend and I and our two kids were all on the same case for TANF and food stamps. We all received a set amount of TANF and food stamps for a "family of 4" (even though my boyfriend and I aren't married). My boyfriend also earned a little bit of income, something like $3000-$4000. I have been going to college, and I got the full pell grant. I did not earn any income. We all live together and have lived together all year. 

Can my boyfriend claim me as a dependent? It says that for qualifying relative, he must have "provided more than half of support for me." In this case, how do we determine whether he provided more than half of support? Does government assistance that we BOTH receive on the same case count as "his support towards me"? Even though we BOTH get it together, not separately. 

Also, can he claim the AOC for me in this case? 

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1 Reply
juliob
Employee Tax Expert

Can my boyfriend claim me if we both got government assistance?

One of the key questions to claiming someone on your tax return as a dependent is the financial support test.

Since you are both on government assistance and your boyfriend made between $3000 to $4000, it would be difficult to argue that your boyfriend financially supported you at least 50%. Government assistance is taken in to account when you are determining if you financial supported someone else. If your financial assistance pays for the majority (more than 50%) of your expenses (i.e. utilities, rent, food, etc.) then your boyfriend cannot claim you as a dependent.

Here is a helpful articler regarding claiming a dependent:

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