Skip to main content
June 5, 2019
Solved

Will claiming my boyfriend and his son for the first time throw a red flag on my return? He didn't work and it's his year to claim him, so instead, I am claiming both.

  • June 5, 2019
  • 2 replies
  • 0 views
No text available
    Best answer by Texas Roger

    If the son is not also your biological son, you can only claim him as a qualifying relative dependent not a qualifying child dependent. Both of them had to live with you the entire year. Here are the requirements that each of them must meet to be claimed by you as qualifying relative dependents:

    1. The person cannot be your qualifying child or the qualifying child of any other taxpayer. A child is not the qualifying child of any other taxpayer if the child's parent (or any other person for whom the child is defined as a qualifying child) is not required to file an income tax return or files an income tax return only to get a refund on income tax withheld.

    2. The person either (a) must be related to you or (b) must live with you all year as a member of your household. 

    3. The person's gross  taxable income for the year must be less than $4,150 in 2018.

    4. You must provide more than half of the person's total support for the year.

    5. The person must be a U.S. citizen, U.S. resident alien, U.S. national, or a resident of Canada or Mexico.


    2 replies

    Employee
    June 5, 2019

    If the son is not also your biological son, you can only claim him as a qualifying relative dependent not a qualifying child dependent. Both of them had to live with you the entire year. Here are the requirements that each of them must meet to be claimed by you as qualifying relative dependents:

    1. The person cannot be your qualifying child or the qualifying child of any other taxpayer. A child is not the qualifying child of any other taxpayer if the child's parent (or any other person for whom the child is defined as a qualifying child) is not required to file an income tax return or files an income tax return only to get a refund on income tax withheld.

    2. The person either (a) must be related to you or (b) must live with you all year as a member of your household. 

    3. The person's gross  taxable income for the year must be less than $4,150 in 2018.

    4. You must provide more than half of the person's total support for the year.

    5. The person must be a U.S. citizen, U.S. resident alien, U.S. national, or a resident of Canada or Mexico.


    Hal_Al
    Employee
    June 5, 2019

    "it's his year to claim him"

    If the child lives with his mother, then you cannot claim the child at all. ("The person ... must live with you ALL year as a member of your household). 

    The boyfriend should let the mother know  that he won't be claiming the child, so that she can.

    June 5, 2019
    My boyfriend has custody per the courts, but he allows the mother 50/50 time with the son and to claim him on her taxes every other year. The last 3 years she has claimed him before he had the chance. The agreement this year is that she will not do that.