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| *Loan,banking and credit>>>child tax |
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! 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. Source(s): 10+ years in the legal profession. 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. |
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