Please end my argument. A friend of mine who did not work all year (no income at all) is not eligible to file a tax return. She has 2 children ages 16 and 9. Can her boyfriend claim the earned income tax credit since he is the only one in the house who did have an income? (PS. He does not really live "in the house" but does support her and the kids. I say he can NOT claim EIC since he is not their father and that their biological father should get to claim it. Help?
2007-01-28 05:05:58 · 5 answers · asked by lemmebeyoursunshine 2 in Business & Finance ➔ Taxes ➔ United States
From the facts presented, nobody can claim the EITC.
The boyfriend fails the relationship test and cannot claim the EITC unless he marries the mother and establishes a household with her and her children. That would only apply in the year that they got married and subsequent years assuming that the income and other tests were met.
The biological father cannot claim the EITC since the children do not live in his household.
The mother cannot claim the EITC as she has no earned income.
2007-01-28 05:20:36 · answer #1 · answered by Bostonian In MO 7 · 3⤊ 1⤋
This should help,
To claim a qualifying child for EIC purposes (and get a larger credit), you'll need to satisfy three more conditions:
Your qualifying child must satisfy all four of these conditions:
Relationship. This person must be your:
Son, daughter, stepson, stepdaughter, or a descendant of any of them (such as a grandchild); or
Brother, sister, stepbrother, stepsister or a descendant of any of them (such as your niece or nephew); or
Eligible foster child.
Age. This person must be:
Under age 19 at the end of the tax year; or
Under age 24 and a full-time student at the end of the tax year; or
Any age and permanently and totally disabled at any time during the year.
Residency. Lived with the taxpayer in the United States for more than half of the tax year.
Your qualifying child cannot be claimed by another person to claim the EIC.
You cannot be a qualifying child for another person.
Your earned income must be less than:
$36,348 ($38,348 for married filing jointly) if you have more than one qualifying child; or
$32,001 ($34,001 for married filing jointly) if you have only one qualifying child.
2007-01-28 05:15:32 · answer #2 · answered by Leeanne 4 · 1⤊ 2⤋
If the biological father doesn't support the kids financially, he can't claim them or take the EIC. If the boyfriend is their only means of financial support, I'll bet he can claim them. If both men gave financial support, the one who was the main provider is the one who gets to claim them.
2007-01-28 05:20:18 · answer #3 · answered by Annie 4 · 2⤊ 2⤋
The boyfriend can't claim it, unless he has legally adopted them or they have legally been declared his foster children.
2007-01-28 05:36:22 · answer #4 · answered by maxinestringbean 2 · 0⤊ 1⤋
Not legally. He can't legally claim them as dependent either.
2007-01-28 06:50:16 · answer #5 · answered by Judy 7 · 0⤊ 1⤋