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EIC Audit

Were being audited for our EIC and now I'm scared to death and not sure what to do. Problem is were not married. We live together and have for years. He is the only one whom works. He pays all bills, child expenses, etc for all 4 of our children. 2 of those children are not his. Only one of those 2 children has father listed on birth certificate and neither of those children's father pay any funds for them what so ever. We have 2 children together. He only signed one of their birth certificates. He filled me and all 4 kids on taxes. Now I'm finding out children have to be blood related. Great so now I know were in trouble. But what about our son that he didn't sign bc on. The form says they will verify relation for biological children. How are they gonna do this for that child?

Answer Question

Asked by Anonymous at 12:51 PM on Sep. 13, 2009 in Money & Work

Answers (8)
  • yes he shouldnt have taken the qualifying child benefit for 2 children that arent his, He could have filed them under qualifying relative, which simply means you dont check the tiny box that says, "if qualifying child for child tax credit (see page 17)) he should not have checked that, well because they dont qualify, they arent his, they are yours.

    So he should have filed his 2 children as qualifying dependent children
    you as a qualifying relative, which means you dont check that box
    and the other 2 children as qualifying relative

    and he can file HOH

    Answer by Anonymous at 1:07 PM on Sep. 13, 2009

  • oh and trust me the IRS will go all of the way with blood tests hun, any child support you may have filed for the other children from the bio-fathers...oh they get nasty. so many people abuse the system, thats why they crack down and its always around October

    Answer by Anonymous at 1:08 PM on Sep. 13, 2009

  • OP you can not be a dependent. You are not a qualifying relative. If you were married last year you would be spouse and your children would be his stepchildren and would be qualifying children. Good luck with this.

    Answer by Anonymous at 1:23 PM on Sep. 13, 2009

  • I'm so confused by all this. I found this info inwhich seems like it saying he can claim all of us.

    Answer by Anonymous at 1:40 PM on Sep. 13, 2009

  • Call the IRS 1-800-829-1040 - Hours of Operation: Monday – Friday, 7:00 a.m. – 10:00 p.m. your local time (Alaska & Hawaii follow Pacific Time).

    Answer by rkoloms at 2:02 PM on Sep. 13, 2009

  • yes you are a qualifying relative

    heres what you have to be to qualify as a relative you can even be a friend to qualify in the house the entire year
    2. make less than 3500
    3. cannot be anyone elses dependent
    4. he had to support more than half of your expenses

    Answer by Dom123123 at 2:38 PM on Sep. 13, 2009

  • You should request a tax payer advocate through the IRS. They are there to assist you through things like this.

    Answer by FL2AK at 3:53 PM on Sep. 13, 2009

  • Ok here is the deal. He can get standard deduction for adult and child dependents. The children have to his biological children or step children to get EIC and child tax credit. This rule began in 2005. If not on bio child's birth certificate you must get on bio child's birth certificate, or they will accept paternity acknowledgement or DNA test. If your not able to provide this you can not claim the child as a bio child.


    Answer by Anonymous at 10:46 AM on Nov. 17, 2009

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