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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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