The IRS is saying that i owe 3,100 dollars. I claim two kidsone was my son the other was my sons brother.?

Question

I filed for earned income credit for both kids. One is my son and the other is my sons brother. I put down that he was my step son, But i wasnt married to his mother but we were living together and been together for 7 years.

Answer 1

If you got EIC and a Child tax credit for your girlfriend's son, then you probably do owe that much, and will most likely be banned from EIC even for your own son for several years.  Claiming he was your stepson when he isn't is illegal, and you got caught.

Answer 2

Don't be surprised if you can't claim EIC at all next year.  Claiming a child who isn't yours as a stepson can get you banned from claiming EIC for 2 years.

As another poster said, if the mother had less than $3400 in income and didn't support herself, then she couldn't claim any dependents of her own.  If she *did* have $3401 or more of income, then you couldn't claim the child even as a 'qualifying relative.'

Answer 3

The disallowed benefits probably included the exemption, Child Tax Credit, and Earned Income Credit was for your son's brother, who is not related to you.  There is nothing you can do about the Child Tax Credit or Earned Income Credit, you do not qualify for these credits based on the unrelated child.

However, there are circumstances in which you could at least get the exemption of $3,400.  They are:

1.  You lived with the child for the entire year in 2007.

2.  You provided over half of the child's support.

3.  No one else in the household who is related to the child filed a tax return, or if they filed a tax return it was only to get a refund of taxes owed.

4.  The father of the child was not given the exemption by the mother of the child.

If the above applies to you, it might reduce the amount the IRS says you owe.  You could respond to the letter with an amended return claiming only the exemption for the child.

Answer 4

If she didn't file a return and claim him it is likely that the father did especially if he pays child support. Ask her if thats the case.  Without legally adopting him or marrying his mom you can't claim him.