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!
Answers:
One of my areas of specialty is tax law.
Under the Uniform Definition of a Child, the boyfriend has no right to claim the children for tax purposes. This is due to the fact that the girlfriend probably COULD claim the children, but elected not to.
The rule, enacted by Congress in 2004, and effective in 2005, means that if another person CAN claim a child as a dependent, then no other person can claim that person, regardless of whether the person who CAN claim the child does so. In the case of two unmarried individuals, this means that a live-in boyfriend (or girlfriend) can't claim the other's children as dependents, even if in the past they may have been able to do so.
If the IRS catches the fact that the children are in fact not the dependents, then the IRS will most likely recompute the taxes without the dependents, and will send a bill for the proper tax.. meaning there may very well be a large amount of back taxes payable. If you want to search the IRS website, look up Uniform Definition of a Child on the IRS website.
In cases like this, where the taxes can potentially be complicated, I suggest you contact a tax professional to assist you.
They're not his kids. It was illegal. She should have claimed them on her tax return.
Yes.
You are shacking up and living in sin. I wouldn't be braging.
it is legal if the boyfriend actually provides for the children , like if you don't have a job and he provides all rent and food
yes. all they have to do is meet the IRS definition of dependent.
I do not know tax law, but my guess would be that the boyfriend cannot claim the children as dependants. This is because he is not legally obligated to provide support for them. There does not appear to be any basis as to why he would be obligated so he should not be able to claim a benefit. Sounds like audit time.
Did she file? Isn't she the custodian of the kids? She should have claimed them. Not legal for him to do it, since he does not have legal custody.
no- unless they are married by law
I think they have to be living there for a certain number of months in order to be claimed. Did the girlfriend claim the children as well? They're really not his legally, in any sense!
They need to get married before they make more of a mess! They can't file jointly.
He will probably be audited especially if the babies daddies are claiming them too.
The link below answers this question.
Try An IRS Attorney. The IRS regulations are like growing mountains. Often Anyone can claim anyone else as a dependant-if they provide 51% of the support. But then the father could also be claiming. You would need a Tax attorney to prove the BF spent whatever amount the mountion of regulations, says.
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