my girlfriend and her 2 children have lived with me for 5 years, this year i tried to claim the kids on my taxes for the EIC credit, the IRS sent me a letter saying no way because they are not blood relatives, they have to be adopted by me legally . I provide a roof over their head , food , clothes , just as if they were my own. somethings wrong with this picture. Anyone in the same position???
2006-07-30 16:05:25 · 11 answers · asked by starrysmaster 1 in Business & Finance ➔ Taxes ➔ United States
If you provided more than half of their support, you might be able to claim them as dependents, but the rules are different for being a qualifying child for the EIC credit. For that, they must be related to you in particular ways specified by the IRS - includes step-children, but not girlfriend's kids. Foster children are only eligible if they're placed in your home by an authorized agency.or court order. There are other tests they must meet besides the relationship test.
This credit only goes to people who have earned income, so if your girlfriend doesn't work, she can't get anything here either. The credit is figured based on earned income - no earned income means no credit.
2006-07-31 10:23:07 · answer #1 · answered by Judy 7 · 2⤊ 0⤋
For the EIC, you could go to www.irs.gov and search for EIC, go to the overview of EIC and you will find an EITC Assistant that will guide you to see if you are eligible for this credit.
To take the Child Tax Credit you could only claim your girlfriends 2 kids only if they are legally your children (ie. adopted children).
On the IRS website it states:
A qualifying child for this Child Tax Credit is someone who meets the following criteria:
• Dependent Is claimed as your dependent
• Age Was under age 17 at the end of 2005
• Relationship Is your son, daughter, adopted child, grandchild, stepchild or eligible foster child, your sibling, stepsibling or their descendant
• Citizenship Is a U.S. citizen or resident alien
2006-07-31 06:31:21 · answer #2 · answered by Lost in a Relationship 2 · 0⤊ 0⤋
The issue is not that they aren't blood relatives. The issue is that you are not married to their mother. Once that happens and you, and your new wife, are providing more than 50% of their support, you will get the deduction. Right now, your gf should be claiming them even if she has no income. She would get something from the EIC. If she's getting $$ from the father, or if he is claiming them, you will have an issue there since only one can claim them.
2006-07-31 07:25:33 · answer #3 · answered by extra_37 4 · 0⤊ 0⤋
Yeah I once supported my exgf's two children for 2 1/2 years and I wanted to claim them too since she was a stay at home mom with me paying the bill. I wanted the break breaks too but I asked the IRS guy in the office here and he said no.
I guess only way is to get married or adopt the kids. The sad part is when my exgf left me I haven't really gotten to see the girls since.
2006-07-30 16:08:43 · answer #4 · answered by NOVA50 3 · 0⤊ 0⤋
What's wrong with the picture is that their father likely claims them as dependents on his tax return. You must legally adopt them or have their father forfeit his parental rights.
2006-07-30 20:07:22 · answer #5 · answered by misslabeled 7 · 1⤊ 0⤋
Yes, if you take care of their needs for at least six months of the year you can claim them ad dependants. In fact if you take care of your girl friend you can clam her on your taxes also.
Of course you will need their SSN #. I would recomend you call a place like H&R Block to double check my information, but I was in almost the same boat. I took care of my brothers family for six months and was permited to claim all of them on my taxes.
I know UNCLE SAM is not going to like this answer.
2006-07-30 16:14:03 · answer #6 · answered by cuz it is 1 · 0⤊ 0⤋
if they have lived with you for six months out of the year. You can claim them as foster children. I know this for a fact. You do not need to adopt and you do not have to marry their mother. the guy who answered the irs guy said no...tell him he is wrong! Bullsh*t if you have taken care of these kids for 6 months out of the year then you are able to claim them on your taxes!!!!!! I do this as a side job I think I should know!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
2006-07-30 16:10:15 · answer #7 · answered by e_deckwa 5 · 0⤊ 0⤋
You might be able to claim them as dependants, but not qualify for the EIC.
2006-07-30 23:32:54 · answer #8 · answered by Bostonian In MO 7 · 0⤊ 0⤋
No it's not wrong at all, There are benefits for those who are willing to become legally bound by law to do certain things.
If you are not willing to be obligated to pay child support if you leave then you get no tax break while your there.
2006-07-30 16:12:20 · answer #9 · answered by chubbiguy40 4 · 1⤊ 0⤋
adopt them and the picture will change in your favor
2006-07-30 16:09:07 · answer #10 · answered by Mopar Muscle Gal 7 · 0⤊ 0⤋