He has taken responsibility for the three of us for the past year while I have been in school. I keep hearing different things but need to know for sure. Thanks!
2006-11-21 11:30:24 · 14 answers · asked by nzuck22 2 in Business & Finance ➔ Taxes ➔ United States
This is a very confusing subject and the laws have recently changed. I just taught a tax course and we went over this in excruciating detail. I won't go into all the permutations on who can claim whom. Instead, I'll stick with your situation.
Assumptions:
1) Aside from you and your boyfriend (whom I assume is not the father of your children), there are no other adults living in the household who are related to either you or the children.
2) Your children lived with you for at least 6 months, but did not live with any other relatives for at least 6 months.
3) You earned less than $3,300 (probably nothing, right?).
4) Your boyfriend paid for over half of your living costs including rent (or the fair value of rent if he owns his home), food eaten in the home, clothing, utilities, and college expenses!
5) You and your children all lived with your boyfriend for the entire year.
6) Your boyfriend paid for over half of the cost of living for each and every kid.
If all of these are true, your boyfriend will be able to claim all 3 of you as dependents for 2006. These type of dependents are called "qualifying relatives". Don't let the term "relative" throw you. Anyone who lives the whole year with someone can (assuming other things are true) be claimed by them.
Since your children are his "qualifying relatives" and not "qualifying children", your boyfriend will NOT be able to use them to take advantage of the Child Tax Credit, Additional Child Tax Credit, Child Care Credit (daycare), nor Earned Income Credit (EIC). In addition, regardless what you may have heard, neither you nor your kids allow your boyfriend to file as Head of Household. Anyone who is NOT related to the taxpayer can NOT qualify them for Head of Household.
Now, if you happen to get married by December 31st, you will both file as Married Filing Jointly, you will be able to claim all the credits, you will get a higher standard deduction, and you will be able to write off college tuition and fees.
2006-11-22 06:05:14 · answer #1 · answered by TaxMan 5 · 0⤊ 1⤋
Talk to the IRS local office. AS long as he provides more than half of your support and you have little or no income-most likely Yes.
Is he the father of your kids? He could probably claim them as dependents to and get the child tax credit.
He can deduct any money he spent on you or the kids for doctors,medicine,hospitals,child care.
I was able to list my son and his 2 daughters as dependents because I provided almost all of their support last year.
If he can't claim you and the kids,you might be able to file a seperate return and get the child tax credit your self. I'm not a tax lawyer or anything like that and the tax laws change every year,so what didn't apply last year might apply this year or vise-versa.
2006-11-22 11:48:57 · answer #2 · answered by Ralph T 7 · 0⤊ 1⤋
yes, as long as you and your children lived with him in his home and were totally supported by him for at least six months of the tax year and were not and could not be claimed as dependents by anyone else. But before you go that route you NEED to consult a tax professional. Why??? Because loading HIM up with deductions may not be the most financially responsible route. Consider the Child Tax Credit , the Additional Child Tax Credit and the Alternative Minimum Tax issues alone and you realize there is no simple answer to your question. It is possible without any income of your own, by filing a return yourself and claiming your children, the Child Tax Credits alone could produce a sizable refund that would complement your boyfriend's.
SEE A TAX PROFESSIONAL!!!!!!
2006-11-21 11:56:43 · answer #3 · answered by jackrabbit4512 1 · 0⤊ 2⤋
I live in Ga. and we get that question all the time at my office. The answer is he can claim you on the Fed. return, as long as it does not violate any state or local laws. Here cohabitation is illegal. He can still claim the kids as dependants, but he would not be eligible for EIC or the child tax credit. Like the other person said, if you guys got married, you could file jointly and get EIC, child tax credit, and all the other tax breaks that go along w/it.
2006-11-24 11:05:06 · answer #4 · answered by Anonymous · 1⤊ 0⤋
There extremely isn't something you're able to do because of the fact he did grant for the kinfolk interior the final twelve months and you have been residing at the same time and you have been pleased with him claiming them rather of you. i assume you should circulate to small claims courtroom. yet if you consider that he left you mine besides circulate to kinfolk courtroom to establish toddler help and positioned across it up then and the choose will probable reward you a sprint extra yet it extremely is a protracted strategies a fashion. What a jerk off.
2016-11-25 23:45:33 · answer #5 · answered by holguin 4 · 0⤊ 0⤋
Unfortunately, boyfriend & girlfriend are not qualifying situations for tax return filing. For example, if the parents of a child never married but live together with the child for the tax year, and both contribute to the cost of maintaining the household for the child and themselves, only one taxpayer may claim the child as a qualifying child for purposes of filing as head of household. Also, a taxpayer filing as head of household must furnish over half the cost of maintaining the household. Therefore, both parents may not file as head of household, and one will be single. If he is not the parent of the children, then he would not qualify as head of household.
2006-11-21 11:39:45 · answer #6 · answered by Country Boy 5 · 1⤊ 1⤋
No, I don't think he can,
You and your children do not pass the relationship test.
The tax laws changed for the tax year 2006, and it put a stop to a lot of people claiming live-ins. There are five tests that need to be met and relationship is one of them. Go to the IRS website, to make sure, but I think that is what I read.
2006-11-23 15:27:31 · answer #7 · answered by sylvrrain 2 · 0⤊ 2⤋
Most likely yes, if you lived with him and he provided more that half of your total support. See irs.gov, either Publication 17 or instructions for form 1040 - look for info on who can be claimed as a dependent.
2006-11-21 13:23:31 · answer #8 · answered by Judy 7 · 0⤊ 1⤋
Yes on his taxes. You may want to check with the IRS to be sure.
2006-11-21 11:35:04 · answer #9 · answered by bartman40467 4 · 0⤊ 1⤋
YES - He should file - Single-Head of Household.
The criteria is:
You and your children lived with him for 12 months.
He provided more than 50% of the support/expenses for you
He provided more than 50% support/expenses for kids
Mike
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2006-11-21 13:09:29 · answer #10 · answered by MN-Mike 4 · 1⤊ 1⤋