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Old 05-01-2013, 06:21 PM
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Question Is Qualifying Relative a Qualifying Child? Please help!

My fiance of 9 years was able to claim (take exemptions for) myself and two daughters from a prior marriage on his taxes since he met the IRS's Qualifying Relative rule, and I had no income to file taxes their biological father was incarcerated with no income, making us both ineligible to file. Since he is a Qualifying Relative under the following rules:

1. Not a qualifying child test, (passed)

2. Member of household or relationship test, (passed)

3. Gross income test, and (passed)

4. Support test. (passed)

does that mean they are also his qualifying children so he can claim them for the Earned Income Credit and the Child Tax Credit? Nobody else is able to claim them for this tax year. I did his taxes myself and already filed his taxes without taking this credit but after reviewing IRS Publication 501 I now think he may be entitled to this credit. Should I go ahead and adjust his tax return? Please clarify this. Thank you.


Last edited by liladybugz26 : 05-01-2013 at 08:39 PM. Reason: So full title can be viewed in search.


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Old 05-02-2013, 02:41 AM
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“My fiance of 9 years was able to claim (take exemptions for) myself and two daughters from a prior marriage on his taxes since he met the IRS's Qualifying Relative rule, “==============>You and your two daughters from a prior marriage can never qualify as qualifying relatives on his return. He may claim you and your two daughters from a prior marriage as dependents on his return as qualifying non-relatives, NOT as qualifying relatives. You and your daughter are NOT relatives of your fiancé. You and your daughters, to be claimed as qualifying non-relatives, must have lived with him entire year. You cannot file a joint return using the Married Filing Jointly filing status unless you are legally married.
“and I had no income to file taxes their biological father was incarcerated with no income, making us both ineligible to file. Since he is a Qualifying Relative under the following rules:1. Not a qualifying child test, (passed);2. Member of household or relationship test, (passed);3. Gross income test, and (passed);4. Support test. (passed)”========> As said, your fiancé can never claim you and your daughters as his qualifying relatives NOT as qualifying non-relatives on his return.

“does that mean they are also his qualifying children so he can claim them for the Earned Income Credit and the Child Tax Credit?”=========>No; they are NOT his qualifying relatives but may be qualifying non-relatives . To claim the children for purposes of the Child Tax Credit, they must either be his stepchildren or foster children; For EIC , please follow the instructions here; Tips and Guidance for Determining Eligibility



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