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    Dependent

    I have two taxpayer's that live together, but aren't married. She has two kids from a previous marriage and they have one kid together. How do we decide who claims the kids. Can they decide based on the outcome of the tax return. The lady makes about $3000 and the man makes about $2500. Thanks

    #2
    Two and one

    Originally posted by tonia2021 View Post
    I have two taxpayer's that live together, but aren't married. She has two kids from a previous marriage and they have one kid together. How do we decide who claims the kids. Can they decide based on the outcome of the tax return. The lady makes about $3000 and the man makes about $2500. Thanks
    She should claim both her kids as qualifying children for EIC, and he should claim his kid as a qualifying child for EIC.

    There is no benefit to having her claim his kid or having him claim her kids.

    If you claim a dependent that has no legal or biological relationship to you, that dependent will be a qualifying relative--not a qualifying child. For a qualifying relative, you cannot claim EIC. For a qualifying relative, the only available benefit is an additional $3400 exemption.

    At the income levels you identified, neither of the two could possibly benefit from additional exemptions.

    Burton M. Koss
    koss@usakoss.net
    Burton M. Koss
    koss@usakoss.net

    ____________________________________
    The map is not the territory...
    and the instruction book is not the process.

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