If you are the custodial parent you are the one who can claim the child. Tell your BF he will need to amend his return and remove the child from his return ---- before the letter arrives from the IRS. As far as the IRS is concerned the parent the child lived with is the parent who can claim the child as a dependent.
Someone else claimed my dependent and my return was rejected
If someone else claimed your dependent already, then your e-filed return will be rejected. Print, sign and mail your own return which claims your dependent. Mailed returns are processed differently by the IRS. It will take some time (maybe even up to a year) but eventually the IRS will contact both parties and sort out who could rightfully claim the dependent. The person who wrongfully claimed the dependent will face repayment of refund $, plus penalties.
When you mail a tax return, you need to attach any documents showing tax withheld, such as your W-2’s or any 1099’s. Use a mailing service that will track it, such as UPS or certified mail so you will know the IRS/state received the return.
Ok, but what if I claimed him as a dependent and we both claimed him for the EIC credit. Wouldn’t I get the EIC credit because I claimed him as a dependent? Because I did claim him as a dependent and his dad couldn’t but I knew about the EIC credit but I didn’t know that he stated that our son lived with him for the whole year because he didn’t, he lived with me. That’s the problem here.
You are trying to split the child-related credits. and you have it all confused.
If you have a SIGNED form 8332 then the custodial parent -- --you------can file as head of household, get EIC and childcare credit. The non-custodial parent ----dad ---- can get the child tax credit.
YOU would be the one who has to sign that form and say on your own tax return that you have a signed agreement with the other parent.