Just got married a couple of days ago (2013). Can I claim my wife's son as a dependent on my 2012 taxes?

Asked almost 2 years ago - Bronx, NY

We lived together the whole 2012 year and I paid for more than 50% of his support. can i claim Child tax cr/EIC as him being my step son for the year 2012?

Attorney answers (3)

  1. Jayson Lutzky

    Pro

    Contributor Level 20

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    Answered . No for 2012, not your child or stepchild in 2012. 2013 should be good since married to mom and stepchild.

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  2. Eric Edward Rothstein

    Contributor Level 20

    3

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    Answered . No.

    I am a former federal and State prosecutor and now handle criminal defense and personal injury/civil rights cases.... more
  3. Eduardo Guillermo Sanchez

    Contributor Level 11

    3

    Lawyers agree

    Answered . The quick answer is no. In order to claim your wife's son as a dependent, he must meet a qualifying child test. Although the stepson would appear to qualify as a dependent in 2013, if you meet the other tests (support, age, principal abode, etc.), he does not meet the qualifying child test in 2012 because you were not married in 2012. He is technically not your 'stepson". As such, you could not claim a child tax credit or the EIC either in 2012. But, this could be different for 2013.

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