Can I claim deduction from my fiance and her children?

Question

I have 2 questions:
(1) I lived the whole year with my fiance and her 2 daughters, and I provided the whole year living support to her and the children. Can I claim then as dependent when I file my tax-return?
(2) She would like to file her return herself so because she did not have income so that she could take more benefit. If that case, dose she have to report my monthly deposit as her income if she filed separately

Answer 1

You "may" be able to claim your fiance but not the kids. Assuming that she made under $3300, your relationship does not violate local law and she lived with you all year, she can be claimed as a "qualifying relative".

Assuming the the girls are hers alone and not related to you, you can not claim them nor claim Head of Household.

Her return would be based on her income alone. Your "deposit" is irrelevant.

Answer 2

I took this from a online tax publication, the answer appears to be no.
:
In 2004, the man could claim his girlfriend and her child both as his dependents and file his return as a head of household, resulting in lower taxes. But for 2005 and beyond, he may not use the child to claim head-of-household status because he and the child are not blood related.

Formerly, the primary test was the support test. The the man was eligible to file as head-of-household because he supported a child living in his household.

Now the primary test is the relationship test, and he would fail that because he and the child are not related. And since the mother is not employed, and therefore does not file income tax returns, no one can claim this child as a dependent -- not even the person who provides 100 percent of the child's financial support.

Because of other changes in the law, the unmarried male breadwinner can't sneak in the back door to claim head-of-household status on the theory that his girlfriend's child is, in effect, his "foster child." Now, for a taxpayer to claim head-of-household status because he supports a "foster child," the child must be placed in the taxpayer's home by some authorizing agency, such as a court or government office

Answer 3

You can probably claim your fiance as a dependent if she didn't have over $3300 income for the year, but can't claim her children. Claiming her would not qualify you to file as head of household, though.

If she didn't have income, then she has nothing to file a return on, and has no "benefits" that she can take. A deposit you make to her account is not income to her.

As to your comment about her filing separately, since she is your fiance, not your wife, you are not ALLOWED to file a joint return.

Answer 4

If she made no income, she should let you file and get the tax breaks. Plus you could get an earned income credit if you made less than $32001.

But remember, you had to provide more than 50% of their maintenance & they had to live with you more than 6 months of the year.