My son and I live with my fiance (not related to my son). He makes about twice as much as I do in a year. Someone suggested that we would get a bigger refund if he claims my son as a dependent, filing head of household, and I file single, and take the earned income credit for my son. However, I don't believe this is legal. From what I have read on the IRS website, I can't take the earned income credit unless I file using my son as a dependent. Can someone tell me if I am correct?
2007-01-22 06:10:56 · 4 answers · asked by Becky 1 in Business & Finance ➔ Taxes ➔ United States
These rules changed a couple of years ago.
He can not claim your son as a dependent as he is your son and not his.
2007-01-22 06:17:40 · answer #1 · answered by Wayne Z 7 · 0⤊ 1⤋
He can't file as head of household based on your son since they aren't related. If you lived with him all year, then he might be able to claim him as a dependent instead of you claiming him. He'd still have to file as single though, not head of household.
If your fiance takes the exemption for your son, then you could not file for the EIC based on your son. So yes, you are correct - the someone who suggested otherwise is wrong.
2007-01-22 06:45:43 · answer #2 · answered by Judy 7 · 0⤊ 0⤋
And who would meet all of the rules that have to met for this purpose the CUSTODIAL parent MAJORITY of nights did the child live with during the tax year would be 1 of the requirements that would have to be met for this purpose. And you do have to sign the completed tax return where the below statement is included at bottom of the page of the 1040 tax form for your use at this time in your life. Under penalties of perjury, I declare that I have examined this return, and to the best of my knowledge and belief, it is true, correct, and accurately lists all amounts and sources of income I received during the tax year. Your signature Date Your occupation Written proof for the number of nights if they should be needed at some time. Be sure that you do have very good detailed written records and a copy of the worksheet that you used to determine the amount of support that you and others paid for this purpose available in case the IRS should decide that they would want you to verify some of the information that you entered on your 1040 income tax return and printed a copy for your records and signed the other copy to send to the IRS for processing at that time in your life. Hope that you find the above enclosed information useful. 01/28/2012
2016-05-23 22:00:53 · answer #3 · answered by Lynn 4 · 0⤊ 0⤋
You are correct. In fact your earned income credit may save more tax than having your fiance claim him. Higher tax brackets do not always save more than the EIC for a lower tax bracket person.
2007-01-22 06:17:16 · answer #4 · answered by spicertax 5 · 0⤊ 0⤋