My boyfriend is being audited this year I was told it's because he claimed my children and there not blood related and him and I are not married. My kids and I lived with him all year tho so I don't understand. He claimed the kids last yearwith no problem

[Caseyjo84]

My boyfriend is being audited this year I was told it's because he claimed my children and there not blood related and him and I are not married. My kids and I lived with him all year tho so I don't understand. He claimed the kids last yearwith no problems

[macuser_22]

Are you sure that it is "this" year - 2019?    That would be VERY unusual because the April 15 due date has not even passed for 2019 yet.   The IRS rarely looks at 2019 tax returns prior to the due date.

Are you sure that it is NOT last year, 2018 that is being questioned?

And yes, if he claimed the child(ren) as Qualifying Child(ren) then he filed an improper tax return.

If in fact, which I doubt, that this is the 2019 return that is in question then he can expect that the IRS will look at past tax returns for several years to see if they were also improperly filed.

It is possible to claim an unrated child but to do so requires that he lived with the child the entire year,

that he paid more than half the child's total support for the year,

AND the child's parent is not required to file a tax return at all.

That only allows him to clam the $500 "other dependent" credit if those conditions are met.

[Caseyjo84]

Yes I am referring to 2019 tax return. My boyfriend filed his 2019 taxes on January 21st 2020 and received a letter last week from the irs requesting documents because he is being audited.

[macuser_22]

Did he claim as "his child" or another person? 1040 line 13a $500?

Were you required to file a tax return?  If you were then he cannot claim at all.

[Caseyjo84]

Yes he filed as his child. I was not required to file a return for 2019 

[macuser_22]

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@Caseyjo84 wrote:

Yes he filed as his child. I was not required to file a return for 2019 

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Then he has a problem if he is not the farther.   If he collected the child tax credit, EIC, child care credit and/or filed as Head of Household then he will have to pay that back plus possible penalties.

As I said above, the MOST he could get is the $500 other dependent credit and then only if he provided the support the entire year if he is not related to the child.

The IRS will probably audit last year also.