Boyfriend-Girlfiend Live Together-EIC?

[zeros]

Boyfriend and girlfriend each have a dependent child. Girl wants to claim her own, of course, and also claim the boyfriend's child for the exemption and EIC. They live together (all year) but she makes much more than he and supports both children.

Would this be correct?

[ChEAr$]

Boyfriend and girlfriend each have a dependent child. Girl wants to claim her own, of course, and also claim the boyfriend's child for the exemption and EIC. They live together (all year) but she makes much more than he and supports both children.

Would this be correct?

I was checking publication 596 just last night after a client called with similar question, but involving only the baby she had last year. boyfriend made more than she did, and you would think he would be THE one to claim the child, however he may let her claim the child, so they can choose how much EIC to get. well, which one of them to get the most EIC.

However in your case, the boyfriend's child..... I dunno.

and hope I don't need to. (grin)

[KathMorgan]

I know, I know!!!!

Since the child is not hers and, I assume, has not been legally placed by a government agency, she may claim the child as a dependent if no one else (like the other parent) has a higher claim to the child, but the child can not be claim for EIC on the girlfriends return because the child is NOT a qualifying child for the girlfriend. Been there, fought the IRS on that and lost!

Kathy
HR Block
(And just for Harlan, Another EA in LA)

[BP.]

Would this be correct?

Since you implied the guy has income, the guy's child is likely his QC, therefore the child cannot be QR of the girlfriend.

[JohnH]

Why won't people discuss these things with their hairsylist BEFORE making their tax prep appointment, so they will already know what to say to us when they come into our office?

[RitaB]

Seriously!

Why won't people discuss these things with their hairsylist BEFORE making their tax prep appointment, so they will already know what to say to us when they come into our office?

Another preparer just told me a story where the TP got busted last year for taking EIC with girlfriend's kids.

They got married New Year's Eve, so it's all peachy now.

$6,000 in refundable credits = priceless.

[dan doshan]

Another preparer just told me a story where the TP got busted last year for taking EIC with girlfriend's kids.

They got married New Year's Eve, so it's all peachy now.

$6,000 in refundable credits = priceless.

Depending on how the IRS looks at it he could be denied claiming the EITC in future years. Can't recall how long. In any case, I believe he has to file a special form in future years (for awhile anyway) in order to claim the EITC.

[RitaB]

They looked at it

Depending on how the IRS looks at it he could be denied claiming the EITC in future years. Can't recall how long. In any case, I believe he has to file a special form in future years (for awhile anyway) in order to claim the EITC.

They looked at it like he told them. It was all the preparer's fault. Yep, he (they, because of the wedded bliss) filled out Form 8862, and it does indeed seem to be peachy.

[dan doshan]

You mean the preparer put down that the child was the clients son. Maybe, but who knows. I can't imagine anyone preparing a return and not asking the client if the child is their child.

[Bees Knees]

I agree with KathMorgan, assuming boyfriend makes below filing requirement (as indicated by girlfriend supporting the child).

From TTB page 3-17

• 5-year-old lives with mom and her boyfriend.4
• Mom’s income is below filing requirement and does
not file a return (although she could to claim EIC if
she wanted to).9
• Boyfriend pays over ½ cost of home.
• Boyfriend pays over ½ of child’s support.
• Mom has not signed over dependency to dad.

That seems to be the closest to your scenario, except that yours is the child lives with his dad and girlfriend. Substitute mom for dad and boyfriend for girlfriend, and you should get the same results as what is listed in the chart:
HOH – no
Dependency exemption – yes
Child tax credit – no
EIC – no
Dependent care credit – no

The footnotes on page 3-17 give some insight.

[ChEAr$]

(And just for Harlan, Another EA in LA)

And lets not forget the "other" LA, out there in LA LA land.

Come to think of it, I now remember a branch of our family settled out there in your
little corner of your state.

[RitaB]

That's what I thought, too

You mean the preparer put down that the child was the clients son. Maybe, but who knows. I can't imagine anyone preparing a return and not asking the client if the child is their child.

Well, I guess that's what happened, and it amazed me, too. You hear stories about preparers doing wrong things, and Lord knows, taxpayers get some bad advice at the salon... I would think it would be game over on the EIC, regardless, but I am kinda mean.