Tax laws have changed. Your boyfriend is not able to claim your son as a dependent.
Your boyfriend is not able to claim "Head of Household". The reason is your son is not a qualifying dependent child because your son is not his child.
However:
1) If your boyfriend is the father of your child.
2) Provided over 50% of support to your child.
3) Your child lived in the home for more than six months of the year.
Then your boyfriend is able to claim your son for the dependency exemption and Head of Household filing status.
You also need to look at State Law. Is the State where you and your boyfriend reside a common law state. Currently, only 10 states (Alabama, Colorado, Kansas, Rhode Island, South Carolina, Iowa, Montana, Oklahoma, Pennsylvania and Texas) and the District of Columbia recognize common-law marriages contracted within their borders. In addition, five states have "grandfathered" common law marriage, allowing those established before a certain date to be recognized. New Hampshire recognizes common law marriage only for purposes of probate, and Utah recognizes common law marriages only if they have been validated by a court or administrative order.
This means if the State where you and your boyfriend reside is a Common Law State, your boyfriend is able to claim you as a dependent as long as you do not earn an amount over the Federal Dependent Exemption amount.
If you live in a State where you and your boyfriend reside is not a Common Law State it would not be a good idea for him to claim you as a dependent.
You began working and you have a son, which means you may be eligible for the Child Tax Credit and the Earned Income Credit.
The Child Tax Credit reduces your tax.
The Earned Income Credit is a refundable Credit.
On you W-4 it is suggestable you should file as Single with 1 exemption.
Also save about $200 to have your taxes prepared at the end of the calendar year. It may not cost $200, however it is good to have extra saved to have your taxes completed at the end of the year.
If in the future your boyfriend and you get married, then he will be able to claim you as a personal exemption, your son as a dependent [as long as your son's father does not claim your son as a dependent on his tax return].
Always take in your Social Security Cards when you have your tax returns prepared, the names and numbers should be exactly as written on your Social Security Cards.
Congratulations on your new job!
2007-09-03 16:48:29
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answer #1
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answered by dd 4
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If your son is not your boyfriend's biological child, he is NOT allowed to claim your son, and if he did last year, did so illegally - and also, if the child isn't your boyfriends biological child, he filed illegally if he filed head of household. The IRS is focusing a lot this year on illegal H of H claims and dependent claims, so he might be hearing from them. If the child IS his biological son, then he's OK. If you didn't work last year, or if you did but your total gross income was under $3300 for the year, and if you lived together ALL year, then he could very possibly have legally claimed you, but that would not have qualified him for head of household.
If your son IS your boyfriend's biological child and he will claim him this year, then you should file single/1 on your W-4 - you won't be able to claim your son if your boyfriend claims him. This year, if you are just starting working now, you might be within the limit where your boyfriend might be able to claim you if you and he meet all the other requirements - this year the limit for the year is $3400. Next year, if you work all year at that rate, he won't be able to claim you.
The rules for him to claim your son, and claim head of household, are the same this year as the previous several - if the child is his biological son, he probably can, but if he isn't your son's biological father, he can't - and he probably will get caught, and then would have to pay back any taxes he "saved" by claiming him illegally, plus interest and penalties.
If your son is NOT your boyfriend's biological child, then you can claim your son but he can't. If that's the case, put single/2 on your W-4.
2007-09-03 10:57:48
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answer #2
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answered by Judy 7
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The withholding question has been crushed to dying right here already - and as you will discover from the variance in solutions, not all are superb. various of the responses you have already got been given are partly superb, then have an element that's not. considering the fact which you're already 0.5-way in the process the 300 and sixty 5 days, you have already paid lots in, and the responder who reported you will desire to take that under consideration is actual. innovations which you each and every declare anyone will probable get you in complication tax-clever. in many situations you come out extra constructive submitting at a similar time than married submitting one by one except some truly unique circumstances exist. as quickly as you're married, you're actually not to any extent further allowed to record as single, yet ought to record as married submitting one by one, yet probable has no reward and would have hazards. considering the fact that your status on the top of the 300 and sixty 5 days is what counts, for this 3 hundred and sixty 5 days's taxes you would be seen married. With a blended earnings of $40 3,000 you heavily isn't eligible for the earned earnings credit, even however your fiancee would are turning out to be it interior the previous. you will get a newborn credit on your son. in case you record at a similar time, you will basically have the single return so will declare him at the same time. in case you have newborn care expenses for while you're the two working, you will probable have the skill to deduct a factor of that. Congratulations and suitable desires on your marriage.
2016-12-16 10:29:46
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answer #3
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answered by Anonymous
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