Taxpayer supporting live in girlfriend and 2 children they have together. Girlfriend is going to college and has some AOC. I've never had this situation. I know parents can claim the education credit on their return for dependent child. Reading Tax Book, it says you can claim credit for yourself, spouse, or someone you claim as a dependent. Doesn't specify dependent must be child so I think he can get the AOC for girlfriend. Wondering what others think.
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Education Credit AOC
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After a cursory look at The TaxBook and Pub 970. The wording does sound like it would be allowable if all others factors are met. Although, it does not "sound" right, we know that tax laws can be contradictory to common sense.
Hopefully, someone more knowledgeable and who enjoys reading the actual tax code could speak up!
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Claiming dependent
I think that part of the qualifying for a dependent person is that the relationship between the taxpayer and the dependent person does not violate local laws. For example, in the state of Florida is illegal or unlawful for people to live together without being married. Of course, no one enforces that law but nevertheless it is a state law. So in the state of Florida a man could not claim his girlfriend. He could claim the children if he supported them but even if she earned zero money, he couldn't claim her.
Linda, EA
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