How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Megan C Your Own Question

Megan C
Megan C, Certified Public Accountant (CPA)
Category: Tax
Satisfied Customers: 12214
Experience:  Licensed CPA, CFE, CMA who teaches accounting courses at Master's Level
Type Your Tax Question Here...
Megan C is online now
A new question is answered every 9 seconds

What defines a domestic partnership in Oregon for a heterosexual couple? Can the domestic

Resolved Question:

What defines a domestic partnership in Oregon
for a heterosexual couple? Can the domestic partnership be used to claim a child for purposes of the Earned Income Credit?
Submitted: 1 year ago.
Category: Tax
Expert:  Megan C replied 1 year ago.

MyVirtualCPA :

Thanks for asking your question! I'm sorry to hear about your tax issue and I'm going to try my best to help you understand or resolve it.

MyVirtualCPA :

Are you asking about the Earned Income Credit, which is a federal benefit?

MyVirtualCPA :

Could you please expand on your question?

Customer:

I have been with my girlfriend for the past 8 years. She had a child I thought to be mine. I have been there for his birth and have been with him all of his life. Now I have discovered he is not my biological son. He and my girlfriend are still living with me. Can I claim him for the EIC since I have been there and raised him and been living eith the childs mother as husband and wife for the last 8 years?

MyVirtualCPA :

I'm sorry to hear about your situation! I'll help you navigate the tax impact of this

MyVirtualCPA :

So, you're asking if your girlfriend's son can be your dependent on your tax return, to qualify for the EIC on your earnings

MyVirtualCPA :

Not her earnings, correct? Because you can't file a joint return. You aren't legally married

Customer:

Yes, I have been advised he needs to be my biological child or I have to be his stepfather. Can I qualify to be his stepfather if I have been living with the mother for 8 years and am listed as his stepfather on the childs school records?

Customer:

I provided all the support for the household, my girlfriend does not have any earnings.

MyVirtualCPA :

Yes, but for tax purposes this child would not be your qualifying child

MyVirtualCPA :

Unless you adopt him

MyVirtualCPA :

You can claim the child as a dependent on your return; however, he would not qualify you for the EIC

MyVirtualCPA :

  • Relationship — the taxpayer’s child or stepchild (whether by blood or adoption), foster child, sibling or stepsibling, or a descendant of one of these.

  • Residence — has the same principal residence as the taxpayer for more than half the tax year. Exceptions apply, in certain cases, for children of divorced or separated parents, kidnapped children, temporary absences, and for children who were born or died during the year.

  • Age — must be under the age of 19 at the end of the tax year, or under the age of 24 if a full-time student for at least five months of the year, or be permanently and totally disabled at any time during the year.

  • Support — did not provide more than one-half of his/her own support for the year.

MyVirtualCPA :

I have just copied the requirements to claim the EIC above

MyVirtualCPA :

http://www.irs.gov/uac/A-%E2%80%9CQualifying-Child%E2%80%9D

Customer:

Does that apply even if I would be considered a domestic partner under Oregon laws?

MyVirtualCPA :

You say your girlfriend had no income, so you could claim both her and her son as dependents

MyVirtualCPA :

Yes, because the IRS does not recognize domestic partnerships the same way they do marriage

Customer:

What about common law marriage?

MyVirtualCPA :

Alabama, Colorado, Kansas, Rhode Island, South Carolina, Iowa, Montana, Utah and Texas recognize common law marriage, but Oregon does not.

MyVirtualCPA :

Therefore you could not claim this as a common law marriage for federal income tax purposes

MyVirtualCPA :

And it's too late to make the change for 2012. You would have had to have had the status as of December 31

MyVirtualCPA :

I'm truly sorry about this.

Customer:

Thank you.

MyVirtualCPA :

You're welcome

MyVirtualCPA :

Please take a moment to rate my response "excellent" so that I may receive credit for assisting you today

Megan C, Certified Public Accountant (CPA)
Category: Tax
Satisfied Customers: 12214
Experience: Licensed CPA, CFE, CMA who teaches accounting courses at Master's Level
Megan C and 3 other Tax Specialists are ready to help you

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • I really was impressed with the prompt response. Your expert was not only a tax expert, but a people expert!!! Her genuine and caring attitude came across in her response... T.G.W Matteson, IL
< Last | Next >
  • I really was impressed with the prompt response. Your expert was not only a tax expert, but a people expert!!! Her genuine and caring attitude came across in her response... T.G.W Matteson, IL
  • I WON!!! I just wanted you to know that your original answer gave me the courage and confidence to go into yesterday's audit ready to fight. Bonnie Chesnee, SC
  • Great service. Answered my complex tax question in detail and provided a lot of additional useful information for my specific situation. John Minneapolis, MN
  • Excellent information, very quick reply. The experts really take the time to address your questions, it is well worth the fee, for the peace of mind they can provide you with. Orville Hesperia, California
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex Los Angeles, CA
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP Hesperia, CA
 
 
 

Meet The Experts:

 
 
 
  • Wallstreet Esq.

    Tax Attorney

    Satisfied Customers:

    570
    10 years experience
< Last | Next >
  • http://ww2.justanswer.com/uploads/KU/KUMI95/2013-9-30_195031_kumar.64x64.jpg Wallstreet Esq.'s Avatar

    Wallstreet Esq.

    Tax Attorney

    Satisfied Customers:

    570
    10 years experience
  • http://ww2.justanswer.com/uploads/CU/Cuttinggirl/2011-10-29_03719_wcrop2.64x64.jpg Wendy Reed's Avatar

    Wendy Reed

    Enrolled Agent

    Satisfied Customers:

    3052
    15+ years tax preparation and tax advice.
  • http://ww2.justanswer.com/uploads/CATax/2009-08-04_204548_Mark.jpg Mark D's Avatar

    Mark D

    Enrolled Agent

    Satisfied Customers:

    985
    MBA, EA, Specializing in Business and Individual Tax Returns and Issues
  • http://ww2.justanswer.com/uploads/IN/insearchoftheanswer/2013-8-16_0233_attorney.64x64.jpg Richard's Avatar

    Richard

    Tax Attorney

    Satisfied Customers:

    3229
    29 years of experience as a tax, real estate, and business attorney.
  • http://ww2.justanswer.com/uploads/MY/MyVirtualCPA/2012-7-5_44024_cookmegan1.64x64.jpg Megan C's Avatar

    Megan C

    Certified Public Accountant (CPA)

    Satisfied Customers:

    6121
    Licensed CPA, CFE, CMA who teaches accounting courses at Master's Level
  • http://ww2.justanswer.com/uploads/JG/jgordosea/2012-6-7_43138_GordosVeritas.64x64.jpg jgordosea's Avatar

    jgordosea

    Enrolled Agent

    Satisfied Customers:

    2783
    I've prepared all types of taxes since 1987.
  • http://ww2.justanswer.com/uploads/OZ/ozaukeecpa/2012-6-7_193219_Picture1croppedandshrunk.64x64.jpg MequonCPA's Avatar

    MequonCPA

    Certified Public Accountant (CPA)

    Satisfied Customers:

    2231
    CPA, Over 30 yrs experience w/individuals and small businesses. Masters in Tax.