Can i claim my fiancee's 2 sons on my tax return to claim the EIC?

Question

He has full custody and they have lived with us for over the past 2 years, however i did not claim them last year. I have been their main provider for 2006 as their father has not worked, and their mother does not pay support, and hardly ever visits them (she sees them maybe one night every 6 or weeks).

Answer 1

If you have provided more than 50% of their support and no one else is claiming them, then yes you can, but there has to be some sort of relationship.

2005 info, check for updates:
Earned Income Credit
The earned income credit (EIC) is a tax credit for certain people who work and have earned income under $37,263. A tax credit usually means more money in your pocket. It reduces the amount of tax you owe. The EIC may also give you a refund.

In 2005 the EIC could reduce your tax by $4,400 if you had two qualifying childen. If you had no income then you can get a refund. The amount of the credit depends on income.

A qualifying child is one who meets one test in each of the following categories:

Relationship: He or she is one of the following:
Son;
Daughter;
Adopted Child;
Stepchild;
Grandchild;
Brother, sister, stepbrother, stepsister, or descendant of your brother, sister, stepbrother, or stepsister (for example, your niece or nephew);
Foster child placed with you by an authorized placement agency
Age: He or she is one of the following:
Under age 19;
Under age 24 and a full-time student*; or
Any age, and permanently and totally disabled
Abode: He or she either:
Lived with you in the United States for more than half of 2005; or
Was born or died in 2005 and lived with you in the United States during that part of 2005 he or she was alive

NOTE: Temporary absences (for example, school or vacation) are counted as time spent living with you.

*Student

You can treat as a student an individual who:

Enrolled in school before August 25, 2005, and who is unable to attend classes because of Hurricane Katrina, for each month of the enrollment period that individual is prevented by Hurricane Katrina from attending school as planned.
Enrolled in school before September 23, 2005, and who is unable to attend classes because of Hurricane Rita, for each month of the enrollment period that individual is prevented by Hurricane Rita from attending school as planned.
Enrolled in school before October 23, 2005, and who is unable to attend classes because of Hurricane Wilma, for each month of the enrollment period that individual is prevented by Hurricane Wilma from attending school as planned.

Answer 2

No, the IRS changed the rules regarding this type of situation last year. The only person that would be eligible to claim them for Earned Income Credit would be your fiancee. But, since he didn't work, the credit is simply lost. It's due to the fact that the children aren't related to you and, even though he didn't work, they are more the qualifying children of your fiancee than you. Just due to relation. If you want more information check out the IRS website. www.irs.gov

Answer 3

Check the laws in your state regarding common law marriage. If your state recognizes it then you are consider the step-parent and are entitled to claim them. If they don't you can still claim them and the father as your dependants under Head of Household filing status. For EIC there are specific rules. See the link for more details. To be claimed as a dependant, the rules are different. (See Publication 501 for more details.) Most of all get a tax professional to do it. If you live in the Wash DC area send me an email and I can help you.

Answer 4

You can claim both him and the children because you have provided support for over 6 months in one year. I know you can definitely claim them.

Answer 5

The rules changed on this a couple of years ago.

No, you can not claim them because they are his kids and not yours. If you get married, then you would file a joint return and all four of you would be on it. But, as a single, unrelated person, No you can not claim them.

Answer 6

Better check with an accountant first. Have them do your taxes and they can tell you for sure. I wouldn't think so because you have no "legal" ties to them yet. But maybe there is some small print out there about this.

Answer 7

yes, you can claim them .they have lived in your home for 6 months ,and you are the sole provider for them,and no one else claims them. but be very sure no one else claims them, because this will result in the IRS doing an audit on your taxes, which will hold up your refund, and then you will have to verify that they lived with you . check with someone like H&R BLOCK they will tell you all your options

Answer 8

I don't think you qualify, but I suggest you go to irs.gov
Click on the "Personal" tab and then do a search on Earned Income Credit. That will give you the rules.

Answer 9

The answer is simple:

You cannot claim an exemption for a child who is not related to you, not your legal foster child, or not adopted by you.