Tough EIC question

[Super Mom]

Ok, my friend's son is the boyfriend of a girl who's divorce is not final. We will call the current boyfriend Man A and the husband whom the divorce is not yet final Man B. The girl had a baby with the boyfriend Man A. However, since the divorce from Man B was not final, that Man B's name went on the birth certificate. Right after the birth, a DNA test was conducted and the boyfriend Man A is the actual father.

So, my question is can Man A get the EIC, he is the actual father, I could keep a copy of the DNA test on record, but Man B is on the birth certificate and the child has Man B's last name although Man A is the father.

Confusing right? What should I advise them?

Thanks!!! I do VERY few EIC's and have very little experience with them.

Oh yeah, and the child lived with Man A ever since her birth and he supports her as well.

[spanel]

Ok, my friend's son is the boyfriend of a girl who's divorce is not final. We will call the current boyfriend Man A and the husband whom the divorce is not yet final Man B. The girl had a baby with the boyfriend Man A. However, since the divorce from Man B was not final, that Man B's name went on the birth certificate. Right after the birth, a DNA test was conducted and the boyfriend Man A is the actual father.

So, my question is can Man A get the EIC, he is the actual father, I could keep a copy of the DNA test on record, but Man B is on the birth certificate and the child has Man B's last name although Man A is the father.

Confusing right? What should I advise them?

Thanks!!! I do VERY few EIC's and have very little experience with them.

Oh yeah, and the child lived with Man A ever since her birth and he supports her as well.

Does GF work?
Is the Birth Cert going to be changed?

Chris

[Rapid Robert]

Does GF work?
Is the Birth Cert going to be changed?

If you keep proper due diligence records of the DNA test, I personally wouldn't hesitate to take the position that biological father meets the relationship test for QC. You might even want to disclose this fact using Form 8275, as it can help avoid certain penalties if eventually IRS successfully challenges the position.

Clearly the ex-husband (is divorce final?) doesn't have the QC due to residency test.

The key is the mom -- the child is also her QC, so might she have the higher claim? What filing status is she using, if required to file?

Why do you mention support provided by the bio-father? What does that have to do with anything, in the case of an infant who clearly is not providing half of its own support?

[Super Mom]

If you keep proper due diligence records of the DNA test, I personally wouldn't hesitate to take the position that biological father meets the relationship test for QC. You might even want to disclose this fact using Form 8275, as it can help avoid certain penalties if eventually IRS successfully challenges the position.

Clearly the ex-husband (is divorce final?) doesn't have the QC due to residency test.

The key is the mom -- the child is also her QC, so might she have the higher claim? What filing status is she using, if required to file?

Why do you mention support provided by the bio-father? What does that have to do with anything, in the case of an infant who clearly is not providing half of its own support?

I will find out about girlfriend. I will also check form 8275, thanks. I was thinking a copy of the DNA test for my records would meet due diligence, thanks for the 2nd on that!

[Super Mom]

Does GF work?
Is the Birth Cert going to be changed?

Chris

My friend explained that for the birth certificate to be changed, he would have to adopt the child even though he has a DNA test!!

[Super Mom]

other opinions?

any other opinions on this? Thinking the DNA test on file would meet my due diligence requirements, but so used to asking for a copy of the birth certificate.

[cotopop]

EIC requirements

You also need to verify the residency test requirements. Did the baby live with the biological father for more than half the year or if we are talking just the birth year, more than half of that period. There are other tax benefits in play such as child tax credit .Also you should inspect /review the baby's social security card .Documentation is critical in this case particularly if a new client

[Rapid Robert]

You also need to verify the residency test requirements. Did the baby live with the biological father for more than half the year or if we are talking just the birth year, more than half of that period. There are other tax benefits in play such as child tax credit .Also you should inspect /review the baby's social security card .Documentation is critical in this case particularly if a new client

Did you even bother to read the initial post before you replied? My screen shows you joined this forum over six years ago and this is your very first post -- Welcome aboard!