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If you have children that you want a non-relative to claim on their taxes, can you do this?



I am doing my partners taxes and stated that the both children did not live with him at all and checked that they were non relatives, and the amount of refund went up. Can that really happen? How does that work with dependents whose non relative claim them?

In order to be a dependent, your children need to be either your partners "qualifying" children or "qualifying" relatives. They are not his "qualifying" children because they are your children. In order for your children to be his "qualifying" relatives, the children would have had to live with him all year and not be "qualifying" children of someone else.

Im assuming your children live with you, are under age 19, and do not provide over half of their own support. If this is the case, they are your "qualifying" children and therefore cannot be claimed by your partner, whether he provided their support or not.

You would claim your children as dependents. Even if you are not filing a tax return your partner is not eligible to claim your children as dependents. Source(s): http://www.irs.gov/pub/irs-pdf/i1040.pdf...
pg 19
No, you CANNOT do that. Period! That's outright tax fraud, both for the parent and the person claiming the exemptions. The IRS is pursuing this type of fraud with a vengeance.
If your children live with you, they are your "qualifying children." Because of this, a non-related person cannot claim them as a dependent.

What you are describing cannot happen, you made an error. Your partner cannot claim the children who live with you.

There are rare instances where a nonrelated person could claim a child as a dependent: The nonrelated person lived with the child for 12 months, no closely related person lived with the child, the child had little or no income, and the nonrelated person supported the child. Not the situation you indicated in your question.
No, I don't know what you're using to get those results, but they're wrong.

For a non-relative to claim a child, the child must live with them ALL year, AND the claimer must provide over half of the child's total support. The parents can't "give permission" to a non-relative to claim their child without those conditions being met. And if the parent also lives with the child and the non-relative for at least half the year, then the non-relative can't claim the child in any case, only the parent can.
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