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 If I am filing my taxes, live with my boyfriend (obviously not married), can we both claim our son? |
How do we both do this safely? I don't work, my boyfriend does. Should only one of us claim the EIC?
Additional Details
I actually did work in the start of the year, before the baby ... |
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2006 ... |
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victim_of_changes!! | Daughter's father filed EIC for 2 past years' returns. My daughter lived with me entire time. What happens? |
I didn't file for 2005 & 2004. I am due a large refund, however, my daughter's father, in California, claimed her those 2 years. She has lived with me in Pennsylvania for the past 5 years. What is going to happen with the EIC refund? Will I get it since he already claimed it? |
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Rob
 |
You will have to file a paper return
you and the person who claimed the dependant will receive a letter stating that 2 people used the dependants social security number, They will ask that both partys submit proof of who was actually eligible to claim the dependant. This can include school records, Dr records, copy of a lease agreement acknowledging that the child lives at the address of record.
The IRS will make a determination of who actually qualifies to claim the dependant. The person who claimed the dependant will then owe back any refund they received in error plus interest and penalties. This also raise a red flag on that persons future tax returns for up to the next 10 years.
Calll the IRS at 1-800-829-1040
Respond to any correspondence from the IRS immediately to expedite your claim.
This will cause a delay in processing your return and your refund |
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stuart
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If you were entitled to claim the credit in the year the return was due, then you can still claim it as long as you submit the missing return before the Statute of Limitations runs out for that year, For 2004 that would be by April 15th of 2008 and for 2005,April 15th 2009. The joker who claims to have worked at the IRS does not know what he is talking about,
File the returns now, they will have to be mailed in, as you can not efile prior year returns,
As Rob stated, you will be contacted by the IRS, just provide the proof to them that they request, keep in mind that when they request the proof for each year, you must show proof/documentation specifically for the year in question, not current information.
This will take some time to get straightened out, so do not expect the refunds anytime real soon as the investigation will take some time. The other person that claimed your daughter is going to be required to submit the same proof. If he can |
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jim m
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just contest his filings |
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setter505
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you will both get audited and he will owe the money back to the IRS. |
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David T
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You won't get it, but you can contest it. I had a friend that went through the same thing. He solely cared for his daughter and his ex-father-in-law claimed her on his claim, yet she never lived with him. My friend had already claimed her, but they sent a letter saying that she was already claimed. It was an ordel, but the IRS settled it and the ex-father-in-law got in big trouble. |
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Active Denial Systemâ„¢
 |
Why didn't you claim EIC before? If you would have, it would have notified the IRS that someone was trying to commit fraud against the IRS by 2 EIC claims for the same child.
You don't get refunds because you didn't claim them when you filed 2004 & 2005. There is NO RETRO-CLAIMING on EIC. The fault is on the taxpayer. If you try to claim otherwise, most likely you will be audited. |
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CooCoo Kachoo
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If he claimed it and he wasnt actually entitled to it, you need to report him for fraud. The reason it was never caught before was because you didnt file. Had you filed, you would have both been flagged. So what you need to do is report him for claiming her when she wasnt there, and make sure you have proof that she has been with you through out that time. He will get in trouble, but you should still be able to claim and receive it. |
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tinabadina
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I believe that is a legal loophole
All they have to do is proove that for at least six months, they
provided support of the child
It's like a trick only a few know about
You are not claiming them as dependants, only
saying you helped provide support for at least six months
Personally, I think it's brilliant in some situations, but I guess this may not be one of them. It works for me!!
However, did he claim them as dependants, or did he just claim them as qualifying individuals - there is a difference.
In other words, are you sure he claimed them as "dependants"
some people just claim them as qualifying individuals, but not dependants - yes, you can legally do that. |
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