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Hey everyone! My fiancé worked all of my last year and claimed the kids because he supported them all year. On Wednesday he received a letter in the mail saying he was being audited and needed to submit proof of EIC, dependents, and head of household. The children aren’t biologically his, but they might as well be because he is the only dad that they’ve known and have lived with him, and me, for the past 4 years. I’m not sure where to even begin. He has claimed them once before when I didn’t work. Has anyone had experience with this or have any suggestions on what to do and how to speed the process up? He was laid off of work last month and I haven’t been able to work due to severe anxiety. Thanks in advance!
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It has been awhile since I have prepared taxes, but i don’t think basic rules have changed. If you can prove that he provided over half of their support he should be able to claim them as an exemption, but qualifying child (for credits and EiC) is different. He would have to be related – step parent, brother, grandpa, etc. they are very specific about that. Claiming them for a qualified child and taking the credit is not allowed. Head of household audits are tough. They will take everything into consideration, not just that you are not working. If you get food stamps, TaNF, welfare or assisted housing, Medicaid. All of that plays into the head of household ratio. You must be able to prove that he provided more than 50 percent of support and all of the above plays a factor. I would suggest the tax Advocate. If you don’t know these laws you are in over your head. Stating you didn’t know is not a good defense. Also it could get your kids disqualified from being claimed for EIC in the future. Get the advocate.
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Im so sorry i nusread it as step child this is a tricky situation I also suggest a tax advocate to help you work this out. You can call 1-877-777-4778 the irs local tax advocate hotline.
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Sorry for the typos. In the hospital al at the moment and it’s hard to type without bending my arm.
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To clarify anyone can be claimed for an exemption, the amount you deduct for each exemption from your income. Yo Bean claim your friends son if you can prove you provide more than 50 percent of their support. That does not make them a qualifying child (that is what is used for EIC). If you ever notice in divorce agreements it specified that each parent can alternate claiming the exemption for children. It says nothing about qualifying child – so technically the parent who the hold lives with more Than 50 percent of the year can claim the child as a qualifying child every year if they meet the other tests. Even if they don’t take them as an exemption. EIc is very specific that you must be related to the child. So a boyfriend or fiancé, even if they live with them 100 percent of the time and they provide all of their support cannot claim them as a qualifying child. Exemption es, qualifying child, no. Almost all tax software specially asks the relationship to the child to deem whether or not they qualify. So if you selected son or daughter or step child that is what you are being asked to prove.
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Get a taxpayer advocate. Your fiancé should not have claimed the children as qualifying children. He is no related to them. Saying you didn’t know is not a defense. Exemptions are different. You don’t have to be related as long as you can prove over 50 percent support. Your kids could get disqualified from being claimed for EIC in the future. Also head of household is very difficuk to prove. If you get food stamps, support, housing assistance, free or reduced lunch, Medicaid – all of that is part of their support. He must prove at he pays for over 50 percent, being the only one working doesn’t automatically make you head of household. If you don’t understand the regulations you need to seek prodessional assistance. He should not have claimed the kids for EIC.
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Happened to a friend of mine. Exact same scenarios and he got hit with tax fraud. Essentially what he tried to do was steal the tax money I, and many other hard working Americans, work hard to pay. If the kids aren’t his and you aren’t married you’re f$&@ed. Good luck. At least visit him in jail. It’s the least you could do.
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I’m going to suggest maybe you call a tax advocate for this especially if you’re both not working right now. If you have a hardship the tax advocate can guide you through it so you know exactly what to submit, and maybe even speed things up for you.
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@mommyx2
“The children aren’t biologically his, but they might as well be”
IRS don’t care about our touchy story. Anyone can say that and get more money. Not surprised at all. They’re petty about less. Just prove it and ya’ll be fine. Sorry it happened to you.
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Hth
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Well they would have to be related to your fiance for him to claim them and you arent married yet so they are not considered a step child either.
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I know that’s very stressful. Is there a chance that their biological father might have tried to claim them? What you need to do is get your school records together doctors records lease things like that to prove that the children live with you both he is the primary provider who did you do your taxes with do you have any audit defense?
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