If your earned income and also your mAGI are less than $26,473,
you might be able to claim EIC for your son.
>also, do I claim head of house hold for my son and I?
>
One test of HoH is you must have furnished more than half the
costs of keeping up a home for your son for more than half the
year.
Of course, if you do supply more than half the keeping up a home
costs, your boyfriend cannot also claim HoH since he cannot be
suplying more than half the costs.
--
Art Kamlet Columbus, Ohio kam...@infinet.com
Assuming that you [properly] claim your son as a dependent, yes, you may claim
EIC (if you otherwise qualify based on the income limits).
However, you may NOT claim HoH filing status since you are probably NOT
furnishing more than 50% of the expenses for the household you live in (I'm
guessing that since your boyfriend makes more, he spends more toward the
household expenses). However, he can claim HoH, assuming he also claims his
child.
Keith or Tami wrote:
> My 12 year old son (not my boyfriends child) and I live with my boyfriend
> and his daughter he owns a house and makes more money then I do, can I still
> claim earned income credit for my son?
> also, do I claim head of house hold for my son and I?
My understanding of the law says that if your boyfriend treats your daughter as
his own
and he earns more income, then he is entitled to the eic credit. You cannot
claim head of household if he does. It is my understanding that IRS is cross
referencing addresses. I have had notice already of one of my clients who
claimed this credit and was not entitled last year. IRS is getting tough with
those who use the eic credit.
What is the definition of "treats your daughter as his own?"
Are you saying she involuntarily becomes his foster daughter?
If not, then what is the authority for considering her to be a
qualifying person of his?
Art Kamlet wrote:
In reply to you question, If the person who is providing the larger income, takes
responsibility for the child (cares for the child) as a parent, that is part of the
entitlement to using the credit. An example would be if the person is responsible
for caring for the basic needs of the child.
So it sounds as if a child can become your foster child for EIC
purposes whether you wish that to be the case or not?
In the same situation can the "foster child" also be your
dependent?
Is there some clear definition of foster child?
The original post disappeared from my server, but I am concerned
you are saying both boyfriend an girlfriend live together and both
of them paid more than half the costs for keeping up a home. The
same home?
That would seem odd to me.