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Old 02-01-2009, 12:51 PM
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Join Date: Jan 2009
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Claiming my girlfriends two kids

My girlfriend and her two kids are living with me and I support them for everything. What are the requirements for me for filing my taxes? Am I allowed to claim them as my dependents even though they are not my children and she doesn't collect any child support from their fathers? Would it be considered head of household or still single?
Plus she recently started working, does she have to file taxes? If so, can she claim the child tax credits? If only one of us is allowed to claim them, who would benefit more? What are the requirments and limitations for her filing?


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Old 02-01-2009, 11:33 PM
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Based on your circumstances, you would simply file your tax return as a Single Filer. The IRS tax code would not permit you to claim the children as dependents as you do not meet the requirements for claiming the children as a dependent.

Your Girlfriend on the other hand would be filing as a Head of Household filing status and would be able to claim the children as her dependents. She also be entitled to claim the child tax credits for both the kids!

Since you cannot claim the child care tax credit, the only option is for your girlfriend to claim the children as her dependents and therefore claim the child tax credit on personal tax return.

If you had qualified to claim the children as your dependents clearly, then the person making the most income would generally benefit by claiming the children as as dependents. But, at times this may not be true as at certain levels of income the taxpayer with the lowest income may qualify for the earned income tax credit.

I suspect that your girlfriend may qualify for the dependency allowance deduction, child care tax credit as well as qualify for the earned income tax credit.

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