Fiance wants to use my son as dependant

[jetsetter]

What is the name of your state? New Jersey

Hello,

I hope someone can clear up this question for me. I know LDiJ is a tax professional, so I am hoping that you can really help me out.

I have been living with my fiance for 4 years. I have a 9 year old son from a previous marriage. He is living with us and I have a full custody as his father is in another country and has no contact with us for over 6 years. I have been claiming my son on my tax return as a dependant every year. I make 50K a year and have been getting arounf 3K in return. Now my boyfriend/fiance wants to claim him. He is saying that since we live together and split everything pretty much 50/50 - that it would be fair if he claims him. He wants to take turns in claiming him and he wants to start NOW. Meaning that he would like to claim him as his dependant on his 2007 return.
My problem is that we are in the middle of the year by now, and if I am not mistaken my taxes were being taken out every paycheck as I have a dependant. If I do not claim my son this year - will I be penalised and will I have to pay something to the IRS? Should I contact my payroll people and tell them to change the number of dependants to zero? Will it impact my paycheck if I do so? What should I do if we decide that he should claim him this year??
If he claims him, and I do not - what would be my tax return based on 50K?
Thank you for advice!

[moburkes]

According to the publication, your child does not qualify as your son's dependent.

[url]http://www.irs.gov/publications/p501/ar02.html#d0e3591[/url]

Qualifying Child
There are five tests that must be met for a child to be your qualifying child. The five tests are:

Relationship,

Age,

Residency,

Support, and

Special test for qualifying child of more than one person.

These tests are explained next.

Relationship Test
To meet this test, a child must be:

Your son, daughter, stepchild, eligible foster child, or a descendant (for example, your grandchild) of any of them, or

Your brother, sister, half brother, half sister, stepbrother, stepsister, or a descendant (for example, your niece or nephew) of any of them.

[LdiJ]

Originally Posted by jetsetter

What is the name of your state? New Jersey

Hello,

I hope someone can clear up this question for me. I know LDiJ is a tax professional, so I am hoping that you can really help me out.

I have been living with my fiance for 4 years. I have a 9 year old son from a previous marriage. He is living with us and I have a full custody as his father is in another country and has no contact with us for over 6 years. I have been claiming my son on my tax return as a dependant every year. I make 50K a year and have been getting arounf 3K in return. Now my boyfriend/fiance wants to claim him. He is saying that since we live together and split everything pretty much 50/50 - that it would be fair if he claims him. He wants to take turns in claiming him and he wants to start NOW. Meaning that he would like to claim him as his dependant on his 2007 return.
My problem is that we are in the middle of the year by now, and if I am not mistaken my taxes were being taken out every paycheck as I have a dependant. If I do not claim my son this year - will I be penalised and will I have to pay something to the IRS? Should I contact my payroll people and tell them to change the number of dependants to zero? Will it impact my paycheck if I do so? What should I do if we decide that he should claim him this year??
If he claims him, and I do not - what would be my tax return based on 50K?
Thank you for advice!

Your fiance absolutely cannot claim him. It would be fraud for him to do so.

[jetsetter]

I am not folowing you guys. According to this info he meets the requirements:

Relationship -Stepchild

Age - under 18

Residency - same residency (same household, same address)

Support - He supports the child

What am I missing here? Or doesnt the child qualify as a "step-child" because we are not married?

3 years ago, when me and my fiance just met - I was not working, as I just came to USA from a foreign country. He claimed both of us - me AND my child - as two dependants as he was supporting both of us for a little while.

Thanks

[seniorjudge]

Originally Posted by jetsetter

...

I am not folowing you guys. According to this info he meets the requirements:

Relationship -Stepchild

....

Wrong.

The advice you got is right.

[jetsetter]

Originally Posted by seniorjudge

Wrong.

The advice you got is right.

Thanks seniorjudge. I appreciate the advice. I just want to know why. I would like to explain it to him when we discuss it tonight.

[seniorjudge]

Originally Posted by jetsetter

Thanks seniorjudge. I appreciate the advice. I just want to know why. I would like to explain it to him when we discuss it tonight.

Definitions of stepchild on the Web:

* with reference to any person means one who is the child, natural or adopted, of such person's spouse but who is not the child, natural or adopted, of such person.
[url]www.dorchestercounty.net/ProbateDef.htm[/url]

* a child of your spouse by a former marriage
wordnet.princeton.edu/perl/webwn

* A stepfamily is the family one acquires when a parent marries someone new. As a Result it has often been said, "Step Families are born out of Loss".
en.wikipedia.org/wiki/Stepchild





You got very detailed explanations as to why you are wrong.

[fairisfair]

Originally Posted by jetsetter

I am not folowing you guys. According to this info he meets the requirements:

Relationship -Stepchild

Age - under 18

Residency - same residency (same household, same address)

Support - He supports the child

What am I missing here? Or doesnt the child qualify as a "step-child" because we are not married?

3 years ago, when me and my fiance just met - I was not working, as I just came to USA from a foreign country. He claimed both of us - me AND my child - as two dependants as he was supporting both of us for a little while.

Thanks

just because he got away with claiming you, does not mean that it was correct for him to do so.

No your son is NOT his step son. You are NOT married.

[MyHouse]

And he may have been incorrect to claim you and your son as dependents when you first moved in with him. I think you would have had to live with him the whole year.

I don't know why he insists on claiming your son. You are working and making $50K per year. Surely you make a significant contribution to the household expenses. He seems to be very selfish.

[jetsetter]

Originally Posted by MyHouse

And he may have been incorrect to claim you and your son as dependents when you first moved in with him. I think you would have had to live with him the whole year.

I don't know why he insists on claiming your son. You are working and making $50K per year. Surely you make a significant contribution to the household expenses. He seems to be very selfish.

Well....according to everything stated above, he didnt have any right AT ALL to claim me as a dependant. As I had no relationship (legally) to him and was just his girlfriend. I do not know how he managed to do it - and how his accountant ALLOWED him to do that. I know that he prepared his tax return through a professional tax firm.

[LdiJ]

Originally Posted by jetsetter

I am not folowing you guys. According to this info he meets the requirements:

Relationship -Stepchild

Age - under 18

Residency - same residency (same household, same address)

Support - He supports the child

What am I missing here? Or doesnt the child qualify as a "step-child" because we are not married?

3 years ago, when me and my fiance just met - I was not working, as I just came to USA from a foreign country. He claimed both of us - me AND my child - as two dependants as he was supporting both of us for a little while.

Thanks

He is NOT the child's stepfather. He is your fiance, not your husband. Therefore no, he is not your fiance's stepchild.

Three years ago he WAS able to claim your child. The rules changed for the 2005 tax year.

When you get married you will be able to file a joint tax return and include the child.

[jetsetter]

Ok. We talked about it and he called the certified accountant conferencing me in. The accountant stated: It's possible to claim somebody as a dependent if they live with you throughout the tax year, even if you are not related. I do not know who to beleive

Thanks!

[moburkes]

Originally Posted by jetsetter

Ok. We talked about it and he called the certified accountant conferencing me in. The accountant stated: It's possible to claim somebody as a dependent if they live with you throughout the tax year, even if you are not related. I do not know who to beleive

Thanks!

Hmm. The tax code or the accountant? The TAX code or the accountant? The TAX CODE or the accountant. THE TAX CODE or the accountant.

[CourtClerk]

Originally Posted by jetsetter

Ok. We talked about it and he called the certified accountant conferencing me in. The accountant stated: It's possible to claim somebody as a dependent if they live with you throughout the tax year, even if you are not related. I do not know who to beleive

Thanks!

Here's a phone number to call (800) 829-1040. When you get off the phone with them... give it to the "tax pro" that gave you the bad advice....

[CourtClerk]

Originally Posted by jetsetter

I am not folowing you guys. According to this info he meets the requirements:

Relationship -Stepchild

WRONG.... he is the child of the girl this dude is sleeping with. That hardly makes him a stepchild.

Age - under 18

OK

Residency - same residency (same household, same address)

OK

Support - He supports the child

At 50K a year... I'm sure you make a significant contribution to the household.

What am I missing here? Or doesnt the child qualify as a "step-child" because we are not married?

The list is too long of the things you are missing, but common sense seems to be the one that comes to mind quickly. Why on God's green earth would you want some "dude" to claim your child on his taxes. I can see it now, when you break up and go your seperate ways he continues to claim him. Now you have to fight with the IRS.

3 years ago, when me and my fiance just met - I was not working, as I just came to USA from a foreign country. He claimed both of us - me AND my child - as two dependants as he was supporting both of us for a little while.

Thanks

Well that was dumb too.... doesn't make it legal today.