Can he be a dependent on taxes?

[We4mickey]

Senario, DS and his fiance live together. They have a son together. She also has a son not with him. She did not work this year. Can my son claim them as dependents on his taxes? The older son lives with them and not the father.

 

[Cheshire Figment]

Yes. Check the insructions for Form 1040. Of the five dependency tests, one of them is "relative or resided with you for the entire year".(Temporary absences away from home, such as hospital or vacation, are not counted against you.

Also, since the son is his (related) he is entitled to file as Unmarried Head of Household which gives a larger standard deduction and rate break points than single.

Mike (CPA Retired)

 

[jordansmomma]

So my friend Jlene has the same sort of question, she has 2 kids, they just had a child. Can her fiance claim her & the kids as dependents? He supported them, she didn't work. Can he claim, earned income or child tax credit for them?

 

[disneymarie]

There is a form for parental release that is filed when appropriate.The other parent signs that they release the excemption.

Some support agreements allow for parents to alternate years, or release the parent from the other claiming falsely. If the father or other agency pays for more then half the childs support,.

The other issues is the child credit that allows for an extra amount. Some parents can file that even if the child did not live with them, or visa versa,
I think the online software will be able to sort out what is legal by the prompts it ask.

I know my husband could claim a step child, I know my brother was able to claim a sister in law he provided all her care.
There are a few different issues going on.

Especially of any spouse or child support comes back to the picture.

 

[smidgy]

there are very simple work sheets for Earned Income, etc. that take you step by step, in flow chart style. just answer the questions to determine eligibility.
Head of Household does not require marriage. however, your son needs to check if there is a predetermined aggreement as far as the boy who he is not the father of. (perhaps the mother and the other guy have a court determined aggrement for alternating claiming the child as a dependant).

 

[staley7580]

Before we were married, my husband claimed my son and I on his taxes.. We werent sure if we could, and went to H&R block and had them do it for us... But they said it was fine.

 

[We4mickey]

The father has never claimed the son as a dependent. Thanks so much everyone. My DS will be very happy.