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secure_tree
Returning Member

Can my boyfriend claim my daughter on his taxes?

I have two children, both from different fathers. Last year my oldest and I moved in with my boyfriend who is the father of my second child. My oldest father is still in her life, but she was with me for all of last year. My question comes from when my boyfriend's mother offered to file his taxes (as she has done with him very year and with me last year). We previously had agreed that he would claim our son and I would work with my oldest father to determine how we would go about claiming her on taxes. Well, we have come to find out that his mother saved my oldest SSN and filed her on his taxes as well as a qualifying child. I made around $15000 last year, so I have to file and so does my eldest's father. Is he allowed to do this? If not, what should we do to avoid a super lengthy hold up if at all possible? 

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8 Replies

Can my boyfriend claim my daughter on his taxes?

 Not sure how you think having your BF claim your daughter solves the issue.   If your children lived with you all year, then you are the custodial parent.   You can claim your own children on your tax return.   If someone else claimed one of your children incorrectly, then print, sign and mail your tax return.  The IRS will sort it out.

 

Do you and the child's father have a signed agreement on Form 8332?  If not, he cannot claim the child and will have to amend his own return.  You do not have to wait for that----if his return has already been filed -- your child's SSN has been put into the system and you cannot e-file this year.

 

 

Are you the custodial parent?  Do you have an agreement with the other parent to allow the other parent to claim them--due to divorce or that you live apart and share custody?  Did one of you sign a Form 8332?

 

If there is a signed 8332 then the custodial parent retains the right to file as Head of Household, get earned income credit and the childcare credit.  The non-custodial parent gets the child tax credit for children under the age of 17.

 

As far as the IRS is concerned, the custodial parent is the one with whom the child spent the most nights during the tax year--at least 183 nights.

 

If you are a non-married couple who live together then only one of you can claim the child(ren) and the one not claiming the child does not enter anything at all on their tax return about the child. 

 

**Disclaimer: Every effort has been made to offer the most correct information possible. The poster disclaims any legal responsibility for the accuracy of the information that is contained in this post.**
secure_tree
Returning Member

Can my boyfriend claim my daughter on his taxes?

I was not involved in the decision for my boyfriend to claim my daughter that isn't his. His mother saved my information, including my daughters social security number, and filed her on his taxes without my knowledge. My boyfriend's mother has filed his taxes in years past so she went ahead and did it this year after just asking him to give her his W-2's and our sons SSN so my boyfriend could claim him because that is what we agreed on. He was never supposed to claim my daughter that is not his. 

 

My daughter's father and I don't have any type of agreement.  She lived with me all of last year. My daughter and son have different fathers. My daughter, who isn't my boyfriend's, was claimed on his taxes when his mother filed them. The plan was for me to claim her, but I was in talks with my daughter's father about it. 

 

I wasn't asking if he could because I want him to, I'm asking because it took place without my knowledge, and I am trying to figure out if he was even allowed to and if not how to handle it when I file my taxes or if he needs to amend his. 

JosephS1
Expert Alumni

Can my boyfriend claim my daughter on his taxes?

You state that the child in question has already been claimed but you believe you are entitled to the credit.  There are specific rules as to who can claim a dependent on their tax return, which I will give you a link to look at below.  Generally, to claim a dependent, they must live with you for more than 6 months of the year and you must provide more than half of their support.  Lacking evidence to the contrary, the custodial parent has control of the dependency claim and credit.

 

In your case, since the dependency has been claimed by another, you need to contest this with the IRS.  Also, you need to fill out and maintain Form 8332, Release/Revocation of release of claim to Exemption for child by Custodial Parent (link to form below)

 

Form 8332

What If Somebody Already Claimed my Dependent

What to do if somebody claims your Dependent per IRS

Rules for Claiming a dependent

 

@secure_tree 

 

 

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Can my boyfriend claim my daughter on his taxes?

Okay---your post is very confusing because we cannot tell which boyfriend you are referring to.  You have a child with an "ex" BF and live with a new BF.  We cannot tell which one you are talking about.   It sounded like you wanted new BF that you live with to claim the children.   

 

Your "ex" BF cannot claim the child if you do not have a signed agreement.  The child lives with you.  That makes you the custodial parent.   Ex BF's mother messed up.   Ex BF's tax return is wrong and he will have to amend it after it has been fully processed.

 

Meanwhile, you cannot e-file this year.   The only way for you to claim your child(ren) is to file by mail.

**Disclaimer: Every effort has been made to offer the most correct information possible. The poster disclaims any legal responsibility for the accuracy of the information that is contained in this post.**

Can my boyfriend claim my daughter on his taxes?

For child 1:

Only you have the automatic right to claim the child as a dependent.  Father 1 does not, because the child does not live with him, and father 2 does not, because father 2 is not the biological or legal father of child 1.  If you won't be filing a tax return, or you want to allow father 1 to claim the $2000 child tax credit, you can give father 1 a signed form 8332 which releases child 1 to father 1.   If you do file a tax return, you can list child 1 and answer yes the child lived with me more than half the year, yes there is a custody agreement, yes I will allow the other parent to claim the child.  That will create a status in Turbotax where child 1 will not claim the $2000 credit for you, but will qualify you for EIC, the dependent care credit, and head of household, because those things can't be waived or transferred even with an agreement or court order.  (Or, if you decide to claim child 1 yourself, you will answer yes you had custody, but no, there is no agreement to release the child.)

 

For child 2:

We need to know if child 2 and father 2 lived in the same home more than half the year, or more than half the time since the child was born if the child was born in 2022.

 

If father 2 did not live in the same home as child 2 for more than half the year, only you can claim child 2 as a dependent.  You can't release the tax credit with form 8332 because that only applies to parents who live apart, not parents who live together.

 

If father 2 did live in the same home as child 2 for more than half the year (or more than half the time since the child was born) then either you or father 2 can claim child 2.  If you can't agree on who should claim the child, the first tiebreaker is which parent did the child live with longer and the second tiebreaker is which parent had the higher income.  But if you agree, then whoever you agree can claim child 2.  The parent who is not claiming child 2 should not even list them on their tax return, to prevent confusion because the interview questions can sometimes be misunderstood.  The parent who does claim the child should answer yes the child lived with me more than half the year, but NO, there is no custody agreement. (This is the correct answer in this situation because the question about a custody agreement only applies to parents who live apart.)

 

Whichever person (mother or father 2) paid more than half the total household expenses for the year can also file as head of household if they claim at least one child as a dependent.  The parent who paid less than half the household expenses must file as single regardless of how many children they do or don't claim. 

Can my boyfriend claim my daughter on his taxes?

The short answer is your current boyfriend (father 2) filed incorrectly.  Father 2 is not allowed to claim child 1 in your situation.  Father 2 needs to file an amended return.

 

Whoever gets the final decision to claim child 1 (mother or father 1) will have to file by mail, because the mistake by father 2 will block you from e-filing.  

 

But, other than needing to file by mail, and needing to file an amended return for father 2, there won't be any other problems with the IRS as long as you get things corrected by April 18. 

secure_tree
Returning Member

Can my boyfriend claim my daughter on his taxes?

Let me try to better explain, I have a daughter with my ex-boyfriend (we can call him #1) and I have a son with my current boyfriend (#2) who I have been living with since the middle of last year. #2 has his mother filed his taxes and when she filed them, she claimed my daughter (the daughter of me and #1 who has no relation to #2 at all). I was not aware of that decision until after she made it without my knowledge. I understand that the title is misleading, but what I meant more so was that "he" did claim her on his taxes and I wanted to know if that was even allowed (which I figured it wasn't) and what I should do to try and remedy the situation now that it has already been done. 

Can my boyfriend claim my daughter on his taxes?

@secure_tree 

After your clarifying details, my answers are still correct, to the best of my ability.  

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