can my boyfriend claim my twins as dependents when he is not the biological father?

Question

the last tax season we went to do my boyfriends taxes and my tax lady from h&r block said he could not claim my twins because he was not their boilogical father. but he was able to claime me and we are not married yet. he also claimed them for the 2004 tax season. and if we were able to claime them can we still do so? that is a lot of money just sitting there. thank you.

Answer 1

I don't know how it is in the UK but in america if the child was a US citizen, lived with your boyfriend all year, made less than 3300 dollars, wasn't married, and wasn't claimed by anyone else including yourself and thier biological father and your boyfriend paid for 50% or more of thier expenses, then he would be able to claim them by the way the last part of that says "or any other person (other than your spouse) who lived with you all year round..." which would qualify the children

Answer 2

You and your boyfriend can't file jointly because you are not married. So, why don't you claim them if the father is not? If the father is claiming the children, you have a problem because both of you can't. Be prepared with receipts, etc., to show that you provided over 50% of the support should the need arise. Does your boyfriend have any legal custody or a legal foster parent? I seriously doub that he can claim the children unless he does. I don't trust Block, I've heard too many horror stories about them, and they charge way too much. Contact AARP; they do a better job and there's no charge. You don't have to be a senior to use their tax service.

Answer 3

No. There are strict rules regarding claiming children as dependants.

There is a 5-step test put out by the IRS to determine if you can claim a child as a dependant on your taxes. The first step, is the "relationship test." I am pasting the following from the IRS website:

Relationship Test
To meet this test, a child must be:

Your son, daughter, stepchild, eligible foster child, or a descendant (for example, your grandchild) of any of them, or

Your brother, sister, half brother, half sister, stepbrother, stepsister, or a descendant (for example, your niece or nephew) of any of them.
End quote... Clearly, your children are not the son, daughter, stepchild, etc. unless and until there is a marriage between yourself and your boyfriend.

So, your boyfriend does not even meet step one. I would definititely not allow him to claim the children, unless you want to be subject to penalties and interest if your are audited. That's my 2 cents for what it's worth. . . I'm a lawyer.

Answer 4

I agree with "get a grip". As long as he is the provider for a majority of the year and the children's father isn't claiming them, he'll be able to claim them on his taxes. I suggest that you go with another tax service this coming tax season.

Answer 5

Why is this in United Kingdom?

Wow...lots of wrong answers on this one.

The rules changed in 2005.

If he is not the biological father, he can not claim them. So your returns are correct. In 2004, he could claim them. In 2005 and 2006 (and forward) he can not.

He can continue to claim you as long as you live together all year, you have income under $3500, and your relationship does not violate local law.

Based in the limited info provided, it looks like the preparer was correct.

Answer 6

as long as your dad is paying newborn help, he can declare you. you may desire to get the divorce decree/custody settlement from the courtroom the place it became filed. the youngster help order is many times set as much as stop as quickly as the youngster gradautes extreme college. so which you may desire to confirm if he's meant to pay newborn help for you thru college. if it is the case, he can certainly declare you. otherwise, he can not declare you except he delivers on your help. lower back, this surely relies upon on the youngster help order. whether you ought to or can record your guy or woman taxes this 365 days isn't in line with some thing you "heard someplace else." Do your self a choose and view in with a tax preparer. you may make an appointment with an outfit like H & R Block for a lifelike value. nevertheless in spite of the undeniable fact that, you will might desire to be conscious of the important factors of the youngster help order. upload to this your prestige as an entire-time pupil and your prestige as disabled, and you surely want professional suggestion.

Answer 7

If you're living in the same place and he is the only income, then he can claim them as dependants, IF you are not already recieving benefits for them, and IF he can prove he is providing for you both.

He cant if you are working.

If you were married, he could claim them whether you were working or not.

Answer 8

who does claim them on their taxes? who supports them? does their father support them at all? Do you get child support? these are all factors in legal taxation. or get a better tax person. H & R Block are afraid to do anything they see everything in a square box, find a better tax representative

Answer 9

Yes if he is the finantial provider for you and the children all year..Than yes he can claim them....If the ex has not claimed them,,,Behind your back..,..Anyone can clame a child on there taxes as long as they provided for them and lived with them for 6 month's out of the year,

Answer 10

"To be your dependent (defined earlier), a person must be either your qualifying child (defined earlier) or your qualifying relative. Generally, a person is your qualifying relative if that person:

*

Lives with or is related to you,
*

Does not have $3,300 or more of gross (total) income,
*

Is supported (generally more than 50%) by you, and
*

Is neither your qualifying child nor the qualifying child of anyone else.

"