2007-03-15 10:14:31 · 7 answers · asked by Tina D 1 in Business & Finance ➔ Taxes ➔ United States
my daughter is not his biological child, but she can not be claimed by anyone else. How does he file?
2007-03-15 10:25:21 · update #1
You - Maybe
Daughter - No
The rules changed in 2005.
If your income is below $3300, you lived with him ALL year and your relationship does not violate local law, he should be able to claim you.
Unfortunately, because your daughter is not his by blood or adoption, he can not claim her. He also must file as single and not Head of Household.
2007-03-15 10:31:08 · answer #1 · answered by Wayne Z 7 · 2⤊ 1⤋
Unless you are considered married and are living together in a common law state, your fiance has to file as single and cannot claim either you or your daughter on his return as dependents.
Rules are very specific for dependents. The term dependent means a qualifying child or a qualifying relative. Briefly, a qualifying child must be your (in this case his) son, daughter, stepchild, eligible foster child or an adopted child. A qualifying relative is cannot be the qualifying child of someone else. In this case, your child is your qualifying child so he cannot claim your daughter. Unfortunately, neither your daughter or you can be considered dependents based on the Relationship Test and of Member of Household Test (see IRS Publication 17, Chap. 2 & 3) despite the fact he provided support for the both of you:( You can contact the IRS if you have more questions at 1-800-829-1040. They are very helpful:)
2007-03-15 12:14:20 · answer #2 · answered by Mark C 2 · 0⤊ 1⤋
He can probably claim you as a dependent if you lived with him ALL year, and didn't have over $3300 gross income. He can't claim your daughter - she is YOUR qualifying child, not his, even if you aren't filing a return and he provided your daughter's support.
He can't file head of household for claiming you as a dependent - to qualify someone for head of household filing, the dependent has to be closely related, and you aren't. Assuming he is not married, he'd file as single.
2007-03-15 15:04:48 · answer #3 · answered by Judy 7 · 1⤊ 0⤋
He may be able to claim you, but he CANNOT claim your daughther. Your daughter is already your and her father's "qualifying child" and that bars him from claiming her as his "qualifying relative" even if you don't file a tax return.
Once you get married, he will be able to claim her. You'll then file a joint return and claim her as your dependent.
2007-03-15 11:14:52 · answer #4 · answered by Bostonian In MO 7 · 2⤊ 0⤋
yes,my ex hubby claims me as a dependedt.We are not married but living together
2007-03-15 10:23:33 · answer #5 · answered by toomuchpain 5 · 0⤊ 5⤋
uhhhhhhh yeah
unless you are indepently wealthy and you supported yourself the first 7 months or were on welfare in which case I do not think he can claim you
2007-03-15 10:25:41 · answer #6 · answered by Anonymous · 0⤊ 5⤋
yes
2007-03-15 10:20:07 · answer #7 · answered by danny d 1 · 0⤊ 6⤋