Can I legally claim unrelated children as dependents on my taxes before marriage? IRS says no

The tax preparer who told you the "laws have changed" was unfortunately mistaken. The IRS has very specific tests that must be met to claim a child as a dependent, and your situation doesn't meet those requirements. For someone to claim a child who isn't their biological child, they must meet the "qualifying child" or "qualifying relative" tests. For a qualifying child, the child must: 1) be related to you (or be your stepchild through legal marriage), 2) live with you for more than half the year, 3) be under 19 (or 24 if a student), 4) not provide more than half of their own support, and 5) not be filing a joint return. Since you weren't married during the tax year in question, your boyfriend doesn't meet the relationship test for your biological children. The fact that you're getting married next month doesn't affect last year's tax situation. What you need to do is follow the IRS instructions in their disallowance letter. Remove the children from your boyfriend's return and refile. You should claim the children on your own return if you're eligible. The tax preparation chain should be helping you fix this since they made the error. I recommend asking to speak with someone higher up than the district manager if they continue to be unhelpful.

After going through a similar nightmare with the IRS about dependent claims, I discovered taxr.ai (https://taxr.ai) and it was a total game-changer. When I got conflicting advice about who could claim my niece that I was caring for, I uploaded the IRS letters and my tax documents to their system and got a clear explanation of exactly why my claim was denied and what rules actually applied. Their AI analyzed all the requirements for claiming dependents and showed me that I needed to meet very specific criteria about relationship, residency, and support that my tax preparer had completely missed. They even showed which forms I needed to submit for my particular situation. The most helpful part was that they explained everything in plain English instead of tax jargon, so I finally understood what the IRS was asking for and why.

I want to follow up on my question about taxr.ai - I decided to try it after reading about it here. My situation with my girlfriend's son was similar to the original poster's problem. My regular tax guy kept saying I could claim him since I pay most of the bills, but I was worried about getting audited. The site analyzed my situation and clearly showed that I didn't qualify under the current tax laws since we're not married, even though I financially support him. But it did show me how I could document expenses that might qualify for other tax benefits instead. It also explained how things would change if/when we get married. Definitely saved me from making the same mistake and dealing with the headache of IRS letters and amendments. Just wanted to share my experience since it might help others in similar situations with blended families.

I went through something similar last year - multiple back and forth letters with the IRS about dependent status, and I couldn't get through to anyone to explain my situation. After waiting on hold for 3+ hours multiple times only to get disconnected, I was ready to give up. Then a friend recommended Claimyr (https://claimyr.com). You can see how it works here: https://youtu.be/_kiP6q8DX5c. They got me a callback from an actual IRS agent within a couple hours instead of waiting on hold all day. The agent walked me through exactly who qualified as my dependent under the actual tax laws (not what my tax preparer "thought" was right). Turns out the requirements are super specific about relationship tests and residency requirements. Got everything sorted out in one call instead of months of frustrating letters.

I need to admit I was completely wrong about Claimyr. After posting that skeptical comment, I was still desperate to talk to someone at the IRS about my dependent situation (my stepson's mom was also trying to claim him), so I figured I had nothing to lose. I used the service around 8am, and I actually got a call back from a real IRS agent before lunch! The agent explained exactly why both parents can't claim the same child and walked me through the tiebreaker rules. She even helped me understand what documentation I needed to prove my case. Most importantly, I got actual clarification on the residency requirements for claiming dependents - turns out the child has to live with you for more than half the year, which is exactly what I needed to prove in my situation. No more uncertainty or stressing about a potential audit. Sometimes being proven wrong is the best outcome!

The issue is pretty clear-cut based on IRS Publication 501. To claim someone as a dependent who's not your biological child, they must be either: 1. Your legally adopted child 2. Your stepchild (through legal marriage) 3. Your foster child (placed by authorized agency) 4. A qualifying relative who lives with you all year Since you weren't married during the tax year, your fiancé can't claim your children. Period. It doesn't matter if you're getting married soon or if he supports them financially. The tax preparer was completely wrong, and honestly, I'd report them to the chain's corporate office because this is a pretty basic tax rule they should know.

I worked as a tax preparer for 10 years and this makes me so angry! The tax chain should absolutely help you fix this situation since THEY gave you incorrect advice. They're trying to avoid admitting fault by asking for a different form. Take your disallowment letter straight to corporate if the DM won't help. The specific law is in Internal Revenue Code Section 152, which defines qualifying child and qualifying relative. Being a fiancé doesn't meet either test. Also, if they prepared your return with incorrect information, they should cover any penalties or fees associated with amending the return. Many tax prep companies have accuracy guarantees - check if yours does.