My fiance claimed my 2 kids and me on the 2005 income tax return
and IRS audited him and we did not have enough evidence that shows he
lives with me and maintains my kids finacially well we have to pay back
more than $5,000, he made a payment plan and is paying up to date. Now
we're getting married this month and I know we can file joint returns
because now we're gonna be married, now about the kids I'm not sure he
can claim them and I didn't work these past 2 years( my son was
diagnosed autistic and had to drop everything to take care and look for
programs and help) What should we do for this year, everything is in my name
but as soon as we get married we're gonna change all the bills and lease
in our name. How should we do this tax year so we don't get in trouble
for just not knowing.
2006-11-01 03:59:38 · 8 answers · asked by Meche 5 in Business & Finance ➔ Taxes ➔ United States
One of the main requirements to claiming dependents is meeting the relationship test.
If & when you get married just be sure to obtain a county marriage certificate and claim the filing status of married & most of IRS' concerns will go away since your fiance will now be legally related to you as your husband and therefore your kids as well. Just be sure no one else besides the 2 of you tries to claim your kids.
Also, If you change your last name after marriage do not use it on your tax return until soc sec admin changes it on your soc sec card.
2006-11-01 04:16:29 · answer #1 · answered by goldenboyblue 3 · 1⤊ 0⤋
In 2005 your fiance did not pass the relationship part of the dependancy question. If you are married in the calender year 2006 then the relationship test is met and you can claim the children on a married, filing joint return. Keep copies of rent receipts, school report cards, and everything showing your names jointly.
2006-11-01 13:40:50 · answer #2 · answered by acmeraven 7 · 0⤊ 0⤋
If you are married and file a joint return there would not be a question of support. I would also have to believe that if you hired a cpa you could pursue the audited return. If you are not working and not receiveing alimony or child support then he would have to have provided more than one-half of the support for the children. Without all of the facts you may have caved in to the IRS too soon.
2006-11-01 12:53:45 · answer #3 · answered by waggy_33 6 · 0⤊ 0⤋
Yes, you should be able to file just like any other family. Now that you are filing a MFJ return, and he lives with you, the IRS should have no reason to audit you. But the fact that you were audited for the same reason last year will be a red flag in this case.
2006-11-01 15:08:22 · answer #4 · answered by Dave 3 · 0⤊ 0⤋
I believe that if you do get married even on Dec 31st you are considered married for the whole year which would make it legal to claim the children. You violated state law and that is why he has to pay back the money. When you get married you will be his exemption and the children will be the dependants. However, if their birth father pays over half their support, then he could claim them.
2006-11-01 12:12:09 · answer #5 · answered by serendipity 2 5 · 0⤊ 0⤋
Once you are married you can file a joint account and claim the kiids. That is if they don't have a father that claims them. Only you or the father can claim them. Some times if there is more that 1 child, the x and you can agree on who claims which. That is if he is paying support for them. Good Luck.
2006-11-01 12:22:40 · answer #6 · answered by ruth4526 7 · 0⤊ 0⤋
If you are married by Dec 31. Then you get to claim the kids jointly when you file your taxes.
2006-11-01 13:50:38 · answer #7 · answered by Sam I AM 3 · 0⤊ 0⤋
Having someone do your taxes would be the best thing for you and I can guarantee you it won't cost you near $5,000. I like H&R Block. Good luck!
2006-11-01 12:12:05 · answer #8 · answered by bradys_mommy 4 · 0⤊ 1⤋