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January 28, 2025
Question

can I claim my fiancé's daughter

  • January 28, 2025
  • 1 reply
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her daughter is not related to me and she has claimed her every year but this year we would get more back if I claim her....is that possible?

    1 reply

    January 28, 2025

    It depends. If her mom works and can claim her as a dependent on her return, even if she chooses not to, then you would not be able to claim her as the first criteria for a non-relative to claim someone is that they cannot be a qualifying child of any other tax payer.  

     If her mom is not filing a tax return, then if she meets the criteria to be a Qualifying Relative, then you may be able to claim her for the $500 Other Dependent Credit and file as Head of Household.  You can NOT claim her as a qualifying child or for the child tax credit or Earned Income Tax Credit, so it is possible that when you remove those credits, you may not find a benefit to claiming her as a dependent. 

     


    Qualifying Person for the ODC
    A person qualifies you for the ODC if the person meets all of the following conditions.
    1. The person is claimed as a dependent on your return. See Pub. 501 for more information about claiming someone as a dependent.
    2. The person cannot be used by you to claim the CTC or ACTC. See Child Tax Credit (CTC) , earlier
    3. The person was a U.S. citizen, U.S. national, or U.S. resident alien. For more information, see Pub. 519. If the person is your adopted child, see Adopted child , earlier.

    https://www.irs.gov/publications/p972

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