I have 3 children who live with me all the time. I am now living with my fiance, who supports myself and my 3 children. I am now a full time student. Would my fiance be able to claim me and the kids as dependents on his taxes?
2006-12-11 04:55:47 · 4 answers · asked by ktbee1227 2 in Business & Finance ➔ Taxes ➔ United States
The simple answer is to say that he cannot claim the children but may be able to claim you. He can only claim you if your relationship does not violate local law. So, for instance, if you live in NC, and you are living together as man and wife without being married, you are in violation of state law (but that may change in 2007).
Now, lets see what we can do about the kids. Look at the link below, specifically pages 19-21. At first sight, it appears he cannot claim them. But look closely at the definition of "foster child" on page 21. Only you know if there is any argument here.
However, before you fill in an erroneous tax return, please consult a tax professional - either a CPA or Enrolled Agent. This question is too finely-balanced to leave to an unlicensed preparer at a chain-store like Block or Jackson Hewitt. If you get it wrong and he ends up claiming them and also claims EIC you will be in serious trouble. A false EIC claim can (and probably will) disqualify you from claiming EIC for ten years. If you qualify in the future, that is a lot of money to be giving up - thousands of dollars a year potentially. If you are going to pursue this you need professional advice. If you decide that don't want to spend the money, my advice is not to claim the children. Either that or get married!
2006-12-11 09:06:23 · answer #1 · answered by skip 6 · 0⤊ 0⤋
in order to claim a dependent a person must be legally related to you through blood-line or marriage.
when you fiance marries you then he will be able to claim you and the kids.
2006-12-11 13:15:38 · answer #2 · answered by goldenboyblue 3 · 1⤊ 0⤋
You - Maybe (It depends on what state you are in)
3 Kids - No, as they are not his kids
2006-12-11 13:00:02 · answer #3 · answered by Wayne Z 7 · 0⤊ 0⤋
They have to be related to him in some way. It is spelled out in the IRS instructions. Even stepchildren, adopted, etc.
2006-12-11 13:01:26 · answer #4 · answered by Anonymous · 1⤊ 0⤋