Several issues here. If you live in a common law state, you can technically file as married filing jointly to maximize the refund. However, if you do that, you are considered common law married. If you are paying tuition, you most likely qualify for either the Hope Credit or the Lifetime Learning Credit.
What I would do is to figure out your taxes(just for you as a single) without claiming your son as a dependent. The education credits may wipe out your tax liability entirely by themselves. Then have your boyfriend figure out his taxes (as a single) claiming your son as a dependent as the various tax credits may wipe out his tax liability.
Then calculate it where you claim your son and your boyfriend does not.
An unmarried person with a dependent can also file as head of household. This designation would be most beneficial to the one of you who has the higher income.
You have a lot of options here:
-each file as single (one of you claims your son) **probably smallest refund**
-one files as single, one files as head of household and claims your son
-file as married, filing jointly if in common law state and willing to be common law married
(In response to the first person who answered, only one person can claim the child. Period. That is why a Social Security number is required for dependents.)
2007-01-26 11:54:35
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answer #1
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answered by TaxGurl 6
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Living in the same home IRS rules state that the person with the higher income must claim the child. If you both are over the age of 25 this will work if not you will have to just use th same address. My suggestion is for you to file single and claim only the college credit and use your parents address so that you a able to get the Earned Income Credit. Have your boyfriend file head of household claim the child and use the home address, This was he would get EIC, and the child tax credit. If you have child car expenses make sure you claim that on his return so that you get the child care credit also. The reason to give all the credit to him is because he would get the most benefit out of the deal.
2007-01-30 15:41:46
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answer #2
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answered by maria169 2
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If your incomes are close to the same, or if your boyfriends is higher, your best way to file is for him to claim your son and file as head of household, and for you to file single and claim any education credits you are eligible for. He'd be eligible also for Earned Income Credit - you might be too, depending on your income.
If you're not eligible for any education credits and you make more than he does, then you should be the one to file as head of household and claim your son, and he should file as single.
You say you share all expenses. Split down the middle? To file as head of household, a person must have paid more than half of the cost of maintaining the household, so make sure that person pays more even if it's only $1.
Common law marriage is not at straightforward as it sounds. There are additional requirements to be considered common law married besides living together. And many states don't recognize it at all, so it might not even be an option depending on where you live. Wikipedia.com has a good summary of common law marriage requirements by state.
2007-01-26 12:10:06
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answer #3
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answered by Judy 7
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you should always get several copies of the forms to fill it out as many ways as possible to get the best return. Since you are not married you don't have many choice's. you have to file single or head of household. Then only 1 of you can claim your son, and only 1 can claim earned income credit. The 2 do not have to be claimed on the same form. for instance. 1 can claim the son and the other the earned income credit or 1 can claim both.
2007-02-01 06:12:23
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answer #4
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answered by Shelly t 6
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No. Head of household requires that you provide MORE THAN half the cost for the household, and it's impossible for each of you to provide MORE than half. In fact, if the split is exactly even, then neither of you can - but surely one or the other of you spent an extra dollar on household expenses. Only the person providing MORE than half can file as head of household. And that person must have a closely related person (a child certainly qualifies) living with them.
2016-05-24 03:32:23
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answer #5
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answered by ? 4
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Well, you can't file a joint return because you aren't married. If it is his house, and you lived with him all year, he can file as head of household since he provided a home for your/his son. He may also qualify for earned income credit as well. You will have to file as a single person, again, since you aren't married, but with your income, I don't see where you will have much tax liability if any. Have your b/f file soon because if you owe anything, it can be paid from his refund.
2007-01-26 12:07:28
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answer #6
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answered by David L 6
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Who ever made the most money file single put u and ur son as dependents do not claim the eic or if u worked u can claim head of hose hold and claim the eic
2007-02-01 09:07:25
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answer #7
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answered by sueblue47 1
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Common law marriage is not at straightforward as it sounds. There are additional requirements to be considered common law married besides living together. And many states don't recognize it at all, so it might not even be an option depending on where you live. Wikipedia.com has a good summary of common law marriage requirements by state. You can refer for more details folowing site.
2007-02-03 01:18:51
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answer #8
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answered by rangaseo 1
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One of you can claim head of household and one one of you can claim the son, if you pay for 1/2 of his support.
2007-02-03 03:19:41
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answer #9
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answered by bobokity 2
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Try it bopth ways but probley u claiming your son will get you more back as you are still in school. But I would try both ways. It will depend on the state you are in as well.
2007-02-01 23:05:38
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answer #10
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answered by rottie_mama1969 3
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