Claiming someone else's child as a dependent on my income tax return
My roommate is a single dad and recently asked if I could claim his daughter on my taxes this year. He's going through some financial troubles and said I could keep part of the refund if I did this. I'm wondering if this is even legal and what the implications would be? I help out with his daughter sometimes - she stays with me when he works late shifts and I occasionally buy her clothes and school supplies. We've been roommates for about 2 years now. If I did claim her, would I file as head of household? What kind of tax credits could I get? Would this mess up his ability to claim her in the future? I don't want to do anything illegal, but I also want to help him out if possible. He's a great dad just going through a rough patch.
19 comments


Zara Khan
This is definitely something to be careful about. The IRS has specific rules about who can claim a child as a dependent. Generally, you need to meet several tests: 1) Relationship Test - The child must be your son, daughter, stepchild, foster child, brother, sister, half-brother, half-sister, or a descendant of any of them. 2) Residency Test - The child must have lived with you for more than half of the tax year. 3) Support Test - You must have provided more than half of the child's total support for the year. 4) Age Test - The child must be under 19, or under 24 if a full-time student. Based on what you've described, you likely don't meet these requirements, especially the relationship test. This wouldn't be a legal tax filing and could result in problems for both you and your roommate.
0 coins
MoonlightSonata
•But what if the roommate provides most of the support? I thought there was some provision for non-relatives if you're financially supporting the child?
0 coins
Zara Khan
•Good question. There is a provision for non-relatives, but you would still need to meet ALL of the other tests. The child would need to have lived with you for more than half the year, and you would need to have provided more than half of their total financial support. Even if you occasionally buy clothes and watch her when her dad works, it sounds like her father is still her primary caregiver and likely provides the majority of her support. The IRS would consider this an incorrect claim which could trigger an audit for both of you.
0 coins
Mateo Gonzalez
I was in a similar situation last year with my gf's kids and got super confused about the tax rules. Used this AI tool called taxr.ai (https://taxr.ai) that really helped sort through my specific situation. You upload your docs and it tells you exactly what you qualify for. Saved me from making a big mistake since I couldn't legally claim her kids even though I was helping support them.
0 coins
Nia Williams
•How exactly does that work? Can it tell you specifically if you qualify to claim someone else's kid? Did it give you actual tax code references?
0 coins
Luca Ricci
•Sounds fishy. Did you actually try it or are you just advertising? I'm skeptical of AI tools claiming to give tax advice when there are so many specific rules.
0 coins
Mateo Gonzalez
•It analyzes your specific situation based on the tax documents you upload. It showed me exactly which dependency tests I failed and the specific IRS rules that applied. It cited the exact tax code references and explained how the residency and relationship tests work for claiming dependents. For your second question, I definitely used it. I was about to claim my girlfriend's kids thinking I could since I paid for a lot of their expenses, but the tool showed me I didn't qualify under the residency test. Saved me from a potential audit!
0 coins
Luca Ricci
Just wanted to follow up - I actually tried that taxr.ai site after I was skeptical. Uploaded my W-2 and answered questions about my living situation with my partner's son. It clearly explained I couldn't claim him because of the relationship test, even though he lives with us full-time. It showed the exact tax code sections and even estimated how much of an issue it would be if I tried to claim him anyway. Definitely legit and worth the time if you're in this situation.
0 coins
Aisha Mohammed
If you're determined to help your roommate with his taxes, you might want to help him file correctly instead. When I was trying to work through a similar situation, I couldn't get any help from the IRS - kept calling and waiting forever. Eventually found Claimyr (https://claimyr.com) which got me through to an actual IRS agent in about 15 minutes. You can see how it works here: https://youtu.be/_kiP6q8DX5c. The agent walked me through the proper way to handle dependent claims in my situation.
0 coins
Ethan Campbell
•Wait, how does this actually work? The IRS wait times are insane - like 2+ hours when I tried calling. Is this some kind of priority line or something?
0 coins
Yuki Watanabe
•Yeah right. Nothing gets you through to the IRS faster. They're understaffed and overworked. This sounds like a scam to get people's money with false promises.
0 coins
Aisha Mohammed
•It uses a system that navigates the IRS phone tree and waits on hold for you, then calls you when an actual agent is on the line. It's basically hold-waiting technology so you don't have to sit there for hours listening to the hold music. And no, it's not a scam. I was super skeptical too, but I was desperate after trying to get through for weeks. It did exactly what it claimed - got me connected to an actual IRS agent who helped me understand how the dependent claiming rules applied to my specific situation.
0 coins
Yuki Watanabe
I need to eat my words. After dismissing that Claimyr thing as a scam, I was still stuck trying to figure out my complicated tax situation with my ex's kids. Got frustrated enough to try it, and holy crap, it actually worked. Got through to an IRS agent in about 20 minutes when I'd previously waited 3+ hours and given up. The agent explained that in my case, I could only claim the child that lived with me for more than 6 months, even though I support both financially. Saved me from a potential audit nightmare.
0 coins
Carmen Sanchez
If your roommate is struggling financially, there are better options than risking tax fraud. Have him look into: 1) Earned Income Tax Credit - even if he doesn't owe taxes, he might qualify for this refundable credit 2) Child Tax Credit - worth up to $2,000 per qualifying child 3) Child and Dependent Care Credit - if he pays for childcare while working He should file his taxes claiming his daughter so he gets these benefits. The IRS takes false dependent claims very seriously.
0 coins
Sean Fitzgerald
•Thank you for the suggestion! I definitely don't want to do anything illegal. Would these credits help even if he doesn't make much money? He works part time and gets some cash jobs on the side (probably doesn't report all of that income).
0 coins
Carmen Sanchez
•Yes, these credits can definitely help people with lower incomes! The Earned Income Tax Credit (EITC) is specifically designed for lower-income workers and is refundable, meaning he could get money back even if he owes no tax. Regarding the unreported cash income - that's a separate issue, but he should know that claiming tax credits while not reporting all income could create problems if he's audited. The safest path is to report all income and claim the credits he's legally entitled to.
0 coins
Andre Dupont
What about the "head of household" filing status? Would the roommate still qualify for that if they're not claiming their child?
0 coins
Zoe Papadakis
•No, if he doesn't claim his daughter as a dependent, he can't file as head of household. He'd have to file as single, which has worse tax rates and a lower standard deduction. That would probably hurt him more financially than whatever benefit OP might share from illegally claiming the kid.
0 coins
Andre Dupont
•Thanks for explaining that. Makes sense why he'd want someone else to claim his kid if he's not making enough to benefit from the credits, but sounds like he'd lose the head of household status which is pretty valuable.
0 coins