Question

Can I claim my girlfriends child on my taxes and get full EIC?

I am claiming my girlfriend and her 4 year old son as dependents on my taxes for 2009. Since he is not technically my son when I add him as other on turbo tax it does not give me the large return I get if I say he is my son. Does anyone know any details on how this might work?

4 years ago - 6 answers

Best Answer

Chosen by Asker

You MIGHT be able to claim her and the child, but you can NOT claim the EIC unless her child is also YOUR child, either by birth or marriage. TurboTax is working properly and is not giving you the EIC (or the Child Tax Credit, Additional Child Tax Credit or allowing Head of Household filing status) because you don't qualify under the law.

See IRS Pub 596 for the rules on the EIC and see IRS Pub 501 for the rules on claiming dependents.

And don't even THINK of listing him as your son! The IRS is wise to this tactic because of rampant fraud in past years and an audit is virtually automatic if you do and are not married to his mother. Once they determine that you made a fraudulent EIC claim you will be barred from claiming the EIC for 10 years even if you subsequently become eligible to claim it.

4 years ago

Other Answers

You can't.

You are not related to this child by marriage or by blood, so you can't list him as a qualifying child. And, since he's not a qualifying child, he's not going to get you HOH or EIC.

If you list him as a QC, you will be audited, will lose and will be barred from claiming EIC for 10 years.

by the tax lady - 4 years ago

Unless your married and have adopted the child, you can't even claim them as dependents, much less get the EIC. Trying to do do will invite an audit as it is a fraudulent claim.

by talismb - 4 years ago

It's possible that your gf and her son can be claimed as your dependents, if they lived with you ALL year, you provided over half of their support, and she had less than $3650 in gross income for the year. But in no case can you get EIC for her son since he is not your biological child, unless you and his mom get married so he's your legal stepson.

by Judy - 4 years ago

Your girlfriend's son is not your Qualifying Child. He can be your qualifying relative if you meet the requirements, so you are not eligible for EIC for the dependent.

Source(s)

by Jss - 4 years ago

No.

Unrelated persons can not qualify you for EIC.

by Wayne Z - 4 years ago