we have lived together for 2 ys and he claimed them and got the Eic last yr but he is not related to them so i think we might be in trouble.The kids dad is in prison and can not claim them i have full custody.
2007-03-12 09:53:47 · 6 answers · asked by Anonymous in Business & Finance ➔ Taxes ➔ United States
No. He cannot claim them unless you get married. Your children are the "qualifying children" of you and the childrens' father. As such, your boyfriend is barred by law from claiming them as his "qualifying relative" for dependency purposes. The law was changed in 2005. Prior to that, he would have been able to claim them under the old law.
If he claimed them on his 2005 return, he needs to file an amended return and pay back any tax and EIC along with penalties and interest. The IRS is watching these claims closely and there's a strong chance that they will pull his 2005 return for review of the dependency claims and the EIC claimed. The longer he delays on this, the higher the penalties and interest could be.
As the custodial parent, you are the ONLY person who can claim them.
He MAY be able to claim YOU as a dependent, however. See IRS Pub 501 for all of the requirements for that.
2007-03-12 11:13:30 · answer #1 · answered by Bostonian In MO 7 · 0⤊ 0⤋
No, he can't claim them, since they are your qualifying children, whether you have income to file a return and claim them or not. The rules changed fairly recently on this, but were the same for last year as this year, so if he claimed them last year, both the claim and the EIC were illegal, and he could end up having to pay back the extra taxes and the EIC that he got by claiming them illegally, plus interest and possible penalties.
2007-03-12 12:22:50 · answer #2 · answered by Judy 7 · 0⤊ 0⤋
Until the end of last year, he was able to claim anyone including your children that he supported. At the end of last year a new law was passed saying basically that if he isn't related to them then he can't claim them. My boyfriend always used to claim his ex-girlfriend and her children. We've been together for over 2 years and last year we filed separate because I was working. I didn't work and was'nt able to file this year, so he was going to claim me and my two kids along with our new baby girl. He was told by H&R Block that he couldn't because of a new law passed at the end of last year. She told him that now the tax law makers are getting more strict and saying let the legal parents claim them, regardless of who supported them. That sucks cause he supported all of us, but could only claim himself and our baby.
2007-03-12 10:03:14 · answer #3 · answered by Welshmaiden 2 · 0⤊ 0⤋
No, he can no longer claim them. The law changed as of 01/01/2005.
If he claimed them last year, the return should be amended and money paid back.
2007-03-12 10:21:34 · answer #4 · answered by Wayne Z 7 · 1⤊ 1⤋
If you cohabited as a couple and have delcared so on previous tax returns, or have definite evidence that you have done so, he should be able to. But I think you're going to have to ask an expert on this. How about H & R Block? They will answer such questions without charge.
2007-03-12 10:02:47 · answer #5 · answered by TitoBob 7 · 0⤊ 4⤋
Call an accountant & ask them.....They don't charge you for a phone call..
2007-03-12 10:09:44 · answer #6 · answered by More Lies & More Smoke Screens 6 · 0⤊ 6⤋