When I file taxes this year can I let my Fiancee claim my son?

Question

Can I let my Fiancee claim my son as a dependent this year so I get a larger tax refund? My son isn't his biological child nor does he have any legal right to him neither does his biological father. Am I able to agree to this cause we do live together...?

Answer 1

No, your fiancee cannot claim your son under any circumstances. The law was changed for tax year 2005 and later that bars this type of dependency claim. Your son is your "qualifying child" under the tax code and therefore cannot be your financee's "qualifying relative" under any circumstances.

FYI, if the law had not been changed and your fiancee was allowed to claim your son, YOU would get a SMALLER refund, NOT a larger one!

Also, the LAW determines who is legally entitled to claim someone as a dependent. You do NOT get to give this away to anyone; your choice does not matter.

Answer 2

No, even though you live together, and even if your fiance totally supports your son, he can't claim him as a dependent until you are married. You can claim your son, but your fiance can't, whether you agree to it or not - you don't have the right to "let" someone claim your son who isn't legally entitled to, and he isn't.

Answer 3

No, it is not your choice. Your fiancee must qualify to claim the child as Dependent Child or Dependent Relative. If you do this, you will surely invite IRS audit.

Answer 4

No, I tried all ways when me and my now husband lived together for years. We use Turbo Tax and it prompts you through eligibility. It was always no because he was not related and you two are not married.

Answer 5

No.

The rules changed a couple of years ago. As there is not a blood (or adoption) relation, he can not claim him.