I live with my boyfriend and we have a daughter together and then I have a son that isnt his... I didnt work at all last year but when we went to make our taxes they wouldnt let him put my son as a dependent why is that I called some other place and they said he could but it was too late so what can I dont now? can I hold them responsible for that mistake and have them redo them even though they already put it in the system
2007-02-12 09:44:08 · 9 answers · asked by nana 2 in Business & Finance ➔ Taxes ➔ Other - Taxes
Your boyfriend cannot claim your son. Your son is your qualifying child and as such, cannot be claimed by your boyfriend even if you have no income and do not file a tax return.
He can claim the daughter that you have together if you do not and he provided more than half of her support.
He may also be able to claim you as a dependent if you lived together all of 2006, you had less than $3,300 in gross income, he provided more than half of your support, and your relationship is not illegal under local law.
The place that told you he could claim your son was NOT correct in telling you that!
2007-02-12 11:52:57 · answer #1 · answered by Bostonian In MO 7 · 0⤊ 0⤋
No, it wasn't a mistake. The first place was correct, If your boyfriend isn't the biological father of your son, then he can't claim him. He can claim your daughter though, since she is his child.
It is actually possible to claim a person not related by blood or marriage, if they lived with you all year, they had gross income less than $3000, you provided more than half their support, and are not the qualifying child of anyone else. Your boyfriend might be able to claim you by those rules. But he can't claim your son, since your son is YOUR qualifying child whether you have any income or not. or file taxes or don't.
The second place that you called was wrong if they told you that your boyfriend could claim your son. Stay far away from them - they'll just get you into tax trouble.
2007-02-12 14:07:27 · answer #2 · answered by Judy 7 · 0⤊ 0⤋
Your boyfriend can't claim your son as a dependent because the IRS only allows people who are relatives to be claimed as dependents. Since your son has no blood or legal connection to your boyfriend, then the tax preparer was correct in stating that the child couldn't be claimed on your boyfriend's return.
2007-02-12 09:51:56 · answer #3 · answered by SuzeY 5 · 0⤊ 0⤋
Your boyfriend can claim your son even if he is not his biological child. As long as your son lived with you for half the year and you have residential custody of the child there shouldn't be a problem.
Doesn't matter if the childs father is paying child support or not. If you have residentail custody and support that child for more than half of the year (you or your boyfriend) you have the right to claim the child and if you didn't work and someone supported you during the year, they have the right to claim that child.
You take your behind back to the tax place that prepared your taxes and demand that they file an amended return. They screwed you over, and I sure the hell wouldn't stand for it.
2007-02-13 01:37:51 · answer #4 · answered by Anonymous · 0⤊ 1⤋
The confusion comes about because up till two years ago your boyfriend could claim the child as a dependent. Changed in 2005. To claim you have to have a relationship through blood or marriage or adoption.
2007-02-12 11:50:40 · answer #5 · answered by loandude 4 · 0⤊ 0⤋
Suze is right. Trucker....keep on truckin'.
Your boyfriend cannot claim your son because he's not a qualifying child or relative.
If in doubt, you can always view Publication 501 (Exemptions & Deduction Filing Infomation)
They have examples of 'girlfriend's child' situation.
2007-02-12 10:27:15 · answer #6 · answered by Celeste 6 · 0⤊ 0⤋
The answer to this question depends upon your marital status, the state you live in, and if the Father of your son intends to try to claim him as a dependent.
Please advise if you consider yourselves married, the state in which you live, and the status of your son's Father as regards child support for the boy and alimony. Then I can answer this question definitively for you.
2007-02-12 14:20:48 · answer #7 · answered by Robert in Nuuanu 3 · 0⤊ 1⤋
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2016-09-29 00:47:08 · answer #8 · answered by ? 4 · 0⤊ 0⤋
suzey is incorrect if you support someone even an adult you can have as a dependent if you support them. There is a form where you can amend your taxes hr block can help you with that
2007-02-12 09:55:08 · answer #9 · answered by trucker 2 · 0⤊ 2⤋