Can my boyfriend claim my son on his taxes?

Question

I have been filing 'head of household' for the past 3 yrs., now if i let him do this- for the sake of us getting more money from the IRS(he makes more than me) Does this mean I don't have to file?

We live together and he does provide support for us.

Answer 1

There is a lot of misinformation on this board for claiming people because the law changed for 2005 and most people don't know the new law. Do your own research...don't even listen to my answer.

That being said, if no one can claim you as a dependent (unlikely unless you are under 19 AND make less than $3,300 per year) AND if you lived with your son for at least 6 months (which it sounds like you did), then your son is your "Qualifying Child" regardless if you decide to claim him or not. Without getting into too much detail, this means that an unrelated person can NOT claim your son EVEN IF THEY PAY 100% OF YOUR SON'S EXPENSES! It is a big change that most people are oblivious about. It doesn't matter how much he makes or how much he supports your son, he can't claim him at all.

He could claim your son if you are someone’s dependent. For example, if you lived with your boyfriend all year AND earned less than $3,300 AND your boyfriend pays over 1/2 of your expenses, then he could claim you AND he could claim your son, too, if your son lived with your boyfriend the whole year. He could also claim your son if he lived with your son for the whole year AND he paid over 1/2 of your son's espenses AND no one related to your son (mother, father, etc.) lived with your son for more than 6 months. So, if your boyfriend lives with your son the whole year and you live elsewhere for at least 6 months, he could claim him. Best yet, just get married by December 31st and everything would be peachy.

Sorry for the bad news and definitely don't use just what you see here. Look at IRS publication 17 (link attached below) starting on page 24. If your boyfriend claims your son when he shouldn't, he may get the refund, but the IRS is liable to catch up with him at some point, and when they do, he'll owe back taxes, fines, and penalties. Be careful.

(Addendum: JQT and I are not in total disagreance. She definitely seems to know her tax law and, if you read my 2nd paragraph, I agree with her. But, there is a loophole that everyone needs to be aware of. That loophole is, if a person can be claimed as a dependent on someone elses tax return, then THEY CAN NOT HAVE DEPENDENTS OF THEIR OWN. That means that no one can be their qualifying relative or their qualifying child. Why? It says it right there in Publication 17. Therefore, since you lived with your child for at least 6 months of the year, they only way your child can not be your qualifying child is if you are someone elses dependent. I know this is confusing, so bear with me. If someone can claim you, you can't claim your son which makes him available for someone else to claim. Therefore, if you lived with your boyfriend for the entire year and you earned less than $3,300 and your boyfriend paid over half of your expenses, then he could claim you which frees up your son to be claimed by your boyfriend too. You would both be his qualifying relative. You could still file a return (as Married Filing Separately if you are married or as Single if not...you definitely won't benefit, nor are qualified to file as Head of Household in this situation) if you had any withholding. However, I suspect you made over $3,300 which means you can't he his dependent and your child must be your dependent. Don't file as Head of Household unless you truely pay over half of the household expenses. If you are marred, unfortunately, you'll need to file as Married Filing Separately unless you can get together with your husband and file Jointly. It is illegal to file as Single when you are married and it is illegal to file as Head of Household unless you pay for over 1/2 of the household costs for you and your qualifying child.)

Answer 2

I agree with daoco and not TaxMan

The boyfriend can't claim the son as a dependent.
They have no relations, the son is definitely not a Qualified Child(QC) of the boyfriend.

The son is a QC of his mother because relationship, age, residency and support tests are all satisfied.

The only way the son can be a dependent of the boyfriend is if the son can be a Qualify Relative (QR) of the boyfriend. Since the son is QC of his mother, it fails the first test of QR. Even if the mother doesn't claim the son or not file tax return, the son is QC of someone therefore cannot be QR of anyone else.

Best wishes.

Answer 3

TaxMan knows what he is talking about. Please, please don't file based on what you hear on the internet from people who may or may not have a clue. Yes, people have been doing this for years. However, last year the IRS changed the rules, so you can't do it any more. It is possible that your boyfriend can claim you but not your child, however this might not work out for you either. My best advice is to get with a professional, at least for one year, who can explain the laws and figure out which way is best and LEGAL for you you to file. You don't have to continue doing this if you keep up with the laws on your own.

Answer 4

Unless he is also the Father of your child, no. The new dependency tests effective for the 2005 filing season changed. A child cannot be claimed as a dependent if someone else is entitled to claim them (you). Relationship is also required which includes foster children but your child is not his foster child unless a court says so. You are very likely to get caught if you try this in which case you could lose the EITC for a number of years.

Answer 5

If you make less money, then you will get a bigger refund. He cannot legally claim your son as he is not the legal parent. In Minnesota we have the Working family credit, child tax refund and others specifically aimed at parents with children who do not make a lot of money.

You still can claim as head of household because you are not married to your boyfriend.

Answer 6

Your boyfriend can only claim your son if he is the father or legal guardian. Otherwise, he can't do it unless you are married to him.

Also, since your son's SSN will show up on your boyfriend's return and not yours, it can trigger an audit because of the inconsistent filing of your boyfriend.

You still need to file your taxes. At a minimum, if you don't file, you are giving up the child tax credit and possibly earned income credit.

Answer 7

Not unless you 2 get married before the end of the year~ And a tax break is NOT worth getting married for!! And even then thats only if the childs father can not claim him.

Answer 8

Yes he can- dont listen to the other answers- People have done this for years. You do still have to file unless he is claiming you too

Answer 9

You can 'claim' anything you can back up or at least until they ask.