Sign Up

Why sign in to the Community?

  • Submit a question
  • Check your notifications
or and start working on your taxes
cancel
Showing results for 
Search instead for 
Did you mean: 
justaskingbecaus
New Member

Can my boyfriend still file written reports for my daughter, for the year 2015 and 2016, she was claimed both years by someone else or should we wait?

My boyfriend tried claiming my daughter on his taxes for 2015 and 2016 and both times were denied because someone had already claimed her. I want to know if its too late to file a report and how do i go about doing so. Also can we start filing his 2017 tax return now or should we wait, can we inlcude my son he was born august 5th of 2017.

1 Best answer

Accepted Solutions
Hal_Al
Level 15

Can my boyfriend still file written reports for my daughter, for the year 2015 and 2016, she was claimed both years by someone else or should we wait?

There are two types of dependents, "Qualifying Children"(QC) and standard ("Qualifying Relative" in IRS parlance even though they don't have to actually be related). There is no income limit for a QC but there is an age limit, a relationship test and residence test. Only a QC qualifies a taxpayer for the Earned Income Credit and the Child Tax Credit. They are interrelated but the rules are different for each.

Your boyfriend cannot claim your daughter, unless:

  •  she lived with him all year, 
  • he provided more than half her support and 
  • you were not required to file a tax return (basically you had little or no income). 

Even then he can only claim her as a standard dependent, not a QC. See full rules below. 

So, if he qualified in 2015 and 2016, he can file an amended return, adding her as a dependent. His 2015 & 2016 returns were not "denied" they were only prevented from being e-filed. He could have mailed in  returns. So, the way to "file written reports" is to file an amended return for each year*.

No, you cannot yet file a 2017 return. But, don't worry about trying to beat the clock on the other person. If his e-filed is rejected, he will have to mail a paper return. You say "my son" not "our son". If the son is not his biological child, the same rules as you daughter will apply. But since he was born during the year, he is considered living there all year.

*Here's what usually happens (I think it's the same for  amended returns):the IRS will process his return and send his  refund, in the normal time. Shortly (up to a year) thereafter, he'll receive a letter from the IRS, stating that the child was claimed on another return. It will tell him that if he made a mistake to file an amended return and if he didn't make a mistake to do nothing. The other party will get the same letter he did. If one of them doesn't file an amended return, unclaiming the child, the next letter, from the IRS, will require you to provide proof. I assume the other party was the non-custodial parent. The non-custodial parent can only claim the child as a dependent if the custodial parent gives permission (on form 8332) or if it's spelled out in a pre 2009 divorce decree.   

Winner gets the tax benefits; loser gets to pay the IRS back with penalties and interest.  

_________________________________________________________________________________________________________

.A child closely related to a taxpayer can be a “Qualifying Child (QC)” dependent, regardless of the child's income, if:

1.                He is under age 19, or under 24 if a full time student for at least 5 months of the year, or  is totally & permanently disabled

2.                He did not provide more than 1/2 his own support

3.                He lived with the relative (including temporary absences) for more than half the year

4.                He is younger than the relative (not applicable for a disabled child)

5.                If the child meets the rules to be a qualifying child of more than one person, you must be the person entitled to claim the child as a qualifying child (this essentially means that you have the parent’s permission to claim the child, if the child also lived with the parent more than half the year)

6.                If the parents of a child can claim the child as a qualifying child but no parent so claims the child, no one else can claim the child as a qualifying child unless that person's adjusted gross income (AGI) is higher than the highest AGI of any of the child's parents who can claim the child.

A person can still be a Qualifying relative dependent, if not a Qualifying Child, if he meets the 6 tests for claiming a dependent:

1. Closely Related OR live with the taxpayer ALL year

2. His/her gross taxable income for the year must be less than $4,050 (2016)

3. The taxpayer must have provided more than 1/2 his support

In either case:

4. He must be a US citizen or resident of the US, Canada or Mexico

5. He must not file a joint return with his spouse or be claiming a dependent of his own

6. He must not be the qualifying child of another taxpayer

He must have a US social security number or tax identification number (TIN)

In addition to the above requirements, to claim your boy/girlfriend's children, they must meet all of the above requirements and:
--- your boy/girlfriend must not be required to file a return,
--- he/she does not file a return claiming the children

https://turbotax.intuit.com/tax-tools/tax-tips/Family/Rules-for-Claiming-a-Dependent-on-Your-Tax-Ret...

View solution in original post

2 Replies
SweetieJean
Level 15

Can my boyfriend still file written reports for my daughter, for the year 2015 and 2016, she was claimed both years by someone else or should we wait?

Who had already claimed your daughter?  Is Boyfriend the father of both children?
2017 tax returns cannot be filed until early 2018.
Hal_Al
Level 15

Can my boyfriend still file written reports for my daughter, for the year 2015 and 2016, she was claimed both years by someone else or should we wait?

There are two types of dependents, "Qualifying Children"(QC) and standard ("Qualifying Relative" in IRS parlance even though they don't have to actually be related). There is no income limit for a QC but there is an age limit, a relationship test and residence test. Only a QC qualifies a taxpayer for the Earned Income Credit and the Child Tax Credit. They are interrelated but the rules are different for each.

Your boyfriend cannot claim your daughter, unless:

  •  she lived with him all year, 
  • he provided more than half her support and 
  • you were not required to file a tax return (basically you had little or no income). 

Even then he can only claim her as a standard dependent, not a QC. See full rules below. 

So, if he qualified in 2015 and 2016, he can file an amended return, adding her as a dependent. His 2015 & 2016 returns were not "denied" they were only prevented from being e-filed. He could have mailed in  returns. So, the way to "file written reports" is to file an amended return for each year*.

No, you cannot yet file a 2017 return. But, don't worry about trying to beat the clock on the other person. If his e-filed is rejected, he will have to mail a paper return. You say "my son" not "our son". If the son is not his biological child, the same rules as you daughter will apply. But since he was born during the year, he is considered living there all year.

*Here's what usually happens (I think it's the same for  amended returns):the IRS will process his return and send his  refund, in the normal time. Shortly (up to a year) thereafter, he'll receive a letter from the IRS, stating that the child was claimed on another return. It will tell him that if he made a mistake to file an amended return and if he didn't make a mistake to do nothing. The other party will get the same letter he did. If one of them doesn't file an amended return, unclaiming the child, the next letter, from the IRS, will require you to provide proof. I assume the other party was the non-custodial parent. The non-custodial parent can only claim the child as a dependent if the custodial parent gives permission (on form 8332) or if it's spelled out in a pre 2009 divorce decree.   

Winner gets the tax benefits; loser gets to pay the IRS back with penalties and interest.  

_________________________________________________________________________________________________________

.A child closely related to a taxpayer can be a “Qualifying Child (QC)” dependent, regardless of the child's income, if:

1.                He is under age 19, or under 24 if a full time student for at least 5 months of the year, or  is totally & permanently disabled

2.                He did not provide more than 1/2 his own support

3.                He lived with the relative (including temporary absences) for more than half the year

4.                He is younger than the relative (not applicable for a disabled child)

5.                If the child meets the rules to be a qualifying child of more than one person, you must be the person entitled to claim the child as a qualifying child (this essentially means that you have the parent’s permission to claim the child, if the child also lived with the parent more than half the year)

6.                If the parents of a child can claim the child as a qualifying child but no parent so claims the child, no one else can claim the child as a qualifying child unless that person's adjusted gross income (AGI) is higher than the highest AGI of any of the child's parents who can claim the child.

A person can still be a Qualifying relative dependent, if not a Qualifying Child, if he meets the 6 tests for claiming a dependent:

1. Closely Related OR live with the taxpayer ALL year

2. His/her gross taxable income for the year must be less than $4,050 (2016)

3. The taxpayer must have provided more than 1/2 his support

In either case:

4. He must be a US citizen or resident of the US, Canada or Mexico

5. He must not file a joint return with his spouse or be claiming a dependent of his own

6. He must not be the qualifying child of another taxpayer

He must have a US social security number or tax identification number (TIN)

In addition to the above requirements, to claim your boy/girlfriend's children, they must meet all of the above requirements and:
--- your boy/girlfriend must not be required to file a return,
--- he/she does not file a return claiming the children

https://turbotax.intuit.com/tax-tools/tax-tips/Family/Rules-for-Claiming-a-Dependent-on-Your-Tax-Ret...

View solution in original post

Dynamic AdsDynamic Ads
Privacy Settings
v