Boyfriend been living w me for a year I have two children he was the one who worked. Will he be able to claim my children as as dependants he made a little over 5,000 and an earned income credit

He may claim them (and he can claim you as well), but only if the children lived with him for the full year, and if he provided more than 50% of their support. But if the BF is living with you, does that mean you provide the housing? If so it may be difficult to show that the BF provided more than half their upkeep.

Even if your boyfriend is eligible to claim your children, they will be his Qualifying Relatives. They will not be his Qualifying Children so he will not get earned income credit or child tax credit.

If the boyfriend pays the rent (and can prove this if asked), then he should be able to claim all three (girl firend AND her children) on his return. The one-year requirement must be met, however.

Now, if you REALLY want to make this easy, get married on or before 31 December 2011, in which case you can file jointly and will be able to claim the children PLUS the Child Tax Credit PLUS the Earned Income Credit for two children.

If you want some tax modeling done, email me at [email protected] with specifics.