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Put Jesus First | Is it legal for a live-in boyfriend to claim children on IRS taxes? |
Situation: A boyfriend and girlfriend have been living together for less than one year. The two children do not belong to the boyfriend. They are the girlfriend's children. When it was time to file for '06, the boyfriend claimed both of the children (with gf's permission) on his tax form. Is this legal? Do you know anyone who has done this & then the IRS wanted the BIG refund back?? Is there a website that would say if this is legal? I searched on the IRS website but did not see anything. Thanks for your help!
Additional Details
The girlfriend did not claim the children. They boyfriend claimed and then they split the money. |
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Judy1
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Up until around 2003 he could have if he supported them, but the law changed a few years back, and now he is not able to claim them legally whether or not their mom or anyone else does. And the mom can't give him permission - it's just not legal to do it. So if he did and the IRS noticed, yes he'll have to pay back any taxes he saved due to his claiming them illegally.
Look at irs.gov and download publication 17 - chapter 3 has a section on who can be claimed as a dependent. Since the children are the qualifying children of their mom, whether or not she claims them or even files a return, the boyfriend can't claim them. |
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extra_37
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NOT LEGAL...file an amended return and claim the kids on the GF tax return. BF has no legal claim and the IRS WILL find it since they were not filed on his returns in the past. |
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PepsiLime
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It's not legal because they need to be his blood children for him to claim them. But, if the girlfriend does not claim them on her tax return, then most likely the IRS will not uncover this, as they would only notice if the children were claimed twice. Then the IRS would have an issue.
I've attached a link about claiming children.
Qualifying Children
To be claimed as a qualifying child, the person must meet four criteria:
Relationship — the person must be your child, step child, adopted child, foster child, brother or sister, or a descendant of one of these (for example, a grandchild or nephew).
Residence — for more than half the year, the person must have the same residence as you do. (More than half a year means, at minimum, six months and one day.)
Age — the person must be
under age 19 at the end of the year, or
under age 24 and a be a full-time student for at least five months out of the year, or
any age and totally and permanently disabled.
Support — the person did not provide more than half of his or her own support during the year.
TIPS
The qualifying child must live with you for more than half the year.
The old rules stated that the taxpayer must provide over half the support. The new rules state that the qualifying child must not provide more than half of his or her own support. The change makes it easier for families relying on public assistance, charity, and gifts from family members to claim a dependent.
If a child does not meet the criteria to be a "qualifying child," you may still be able to claim the child as a dependent using the tie-breaker tests or the qualifying relative tests. |
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el tonto
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No. Two separate people can't claim the same child. The IRS will find out. They run the socials through their computers and see if the same social shows up on different returns. They will be caught sooner or later.
Misty don't let your BF do that!!!! |
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Wayne Z
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Yes, this was wrong.
This will probably draw the attention of the IRS eventually. Single men who claim kids are speciffically targeted for review. |
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CSUflyer
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I'm almost certain that this is illegal under all circumstances. I WOULD NOT MESS WITH THIS. The problem is that this is something that could easily fly under the radar for several years, and even when the couple long forgets about this, it can come back and bite them in the ***.
I would file an amended return for both of them. |
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stephenweinstein
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There are two ways that the BF can claim them:
a) Adopt them.
b) Marry GF and file jointly.
Note that neither of these would be retroactive to 2006 if done now. |
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kurt w
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on his tax return it asks what the relationship to the tax payer is. what did he put
not only is it illegal but he will end up paying a sever penalty for filling a fraudulent return |
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jcontrols
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If he can prove that he supplied more than half of their support I believe he can! Check with a local CPA to be sure. ;-)= |
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krennao
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It depends if the father of the children claims the kids on his already. It more of a stipulation both parents work out in courts when they file.
He can claim her and the kids if he is taking care of them. Under dependents. And the paternal father is not suppose to be filing. The only way he could fight it.
I have had my sister claim me as a dependent, and also a boyfriend I used to live with. |
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