With the newest lass, can I claim my fiancé’s daughter (as well as my disabled sister) on my taxes?

I’ve heard conflicting opinions, so I was hoping someone here could help. My boyfriend & his daughter (8 years old) lived with for all of 2009. I supported them. He only worked about 1 month last year & asked me to claim his daughter. Her mother is not in her life (she has no rights to her, plus she was in jail the entire year of 2009). There is no one else that can claim her.

I’ve heard that due to new laws, that I could file “single” as claim my fiancé’s daughter as a “qualifying relative”, since she is blood related & not yet legally, related to me. I’ve been claiming my 48 year old sister (who is permanently & totally disabled) for several years now (she did not work at all last year & no one else can claim her). So could I file as “single” & claim them both as “qualifying relative”? If so, why does that work under “single” & not “head of household”?

Would this allow me to claim the “child tax credit” on my fiancé’s daughter & “Earned Income Credit” on both of them? Any other tips with this would be appreciated. Thank you!

4 Answers

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  • Judy
    Lv 7
    1 decade ago

    If your bf made over $3650 last year, including anyunemployment benefits or any other gross income, his daughter is HIS qualifying child so you wouldn't be able to claim her. If his gross income is less than that, sounds from your question like you could claim her as a dependent. You would not get a child tax credit for her, or EIC or anything else other than the exemption - those credits are for qualifying CHILDREN, and she isn't your qualifying child in any case unless you are married to her dad.

    This is not a new law, by the way.

    You might or might not be able to claim your bf also. If his gross income was over $3650, you can't. Several states and many local areas have laws against cohabitation by unmarried adults. If your area has such a law on the books, even though it's not enforced, you can't claim him.

    You don't mention that your sis lived with you over half the year, or that you can show that you provided over half of her support. If she doesn't meet those rules, you are claiming her illegally. Just because nobody else claims her doesn't give you the right to claim her, it just makes it easier for you to get away with an illegal claim for awhile, will take the IRS longer to catch you.

    An dependent who isn't a close family member doesn't qualify you to file as head of household. A boyfriend and his daughter don't qualify. If your sis lives with you, you support her and you can legally claim her, she might qualify you to file as Head of Household.

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  • 1 decade ago

    As long as your b/f made less than $3650 in 2009, you can claim him and his daughter as qualifying relatives (QR). They don't qualify you for Child Tax Credit or Earned Income Credit, though; those require a qualifying child (QC).

    You say you've been claiming your sister for several years now, so I assume she lives with you? If so (or at least for more than half the year), and if any Social Security she receives is less than half of your total income, then she IS your QC. She still wouldn't qualify you for Child Tax Credit because of age, but she would qualify you for Head of Household (and Earned Income Credit if your income falls in the right range).

    Source(s): www.irs.gov - Publication 17: --- Chapter 2 "Filing Status - Head of Household" --- Chapter 3 "Personal Exemptions and Dependents" --- Chapter 34 "Child Tax Credit" --- Chapter 36 "Earned Income Credit"
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  • 1 decade ago

    To file head of household, you need to have qualifying child in your tax return and not qualifying relative. To claim your boyfriend's daughter help you to reduce your taxable income and pay less tax. That is the best that you can do.

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  • tro
    Lv 7
    1 decade ago

    as qualifying relatives(even not related) if they fulfill these rules: lived in your household the ENTIRE year, did not earn $3650, you provided more than 50% of their support, and they cannot be claimed on the return of anyone

    if the b/f, his daughter and your sister comply with those, you can claim each one

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