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Old 01-26-2005, 10:47 AM   #1
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Filing taxes: who can you claim as a dependent?UPDATE

My boyfriend lives with me(7 years), and I have been the sole supporter for the past year and a half. There is no money coming in from him. He will not be filing taxes.

someone told me I can claim him as a dependent. Is this true??? I live in Illinois.

Last edited by babar; 01-26-2005 at 12:18 PM.
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Old 01-26-2005, 10:53 AM   #2
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I wouldn't rely on advice given you "on the street", but would explore the matter further -- start by visiting the irs.gov website which offers all the forms and irs publications.

If you are still confused, you may want to call the IRS or contact an income tax service.
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Old 01-26-2005, 10:54 AM   #3
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No, just like a gay couple can't file joint either.

Or claim each other as dependents....

or get insurance coverage for them....

or have hospital visitation rights, etc....

All those rights are only for those with a marriage certificate.

The good news for you is, our governement will let you and your boyfriend get one of those legal pieces of paper anytime you decide you want one.
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Old 01-26-2005, 10:59 AM   #4
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Quote:
Originally Posted by Puffy2
No, just like a gay couple can't file joint either.

Or claim each other as dependents....

or get insurance coverage for them....

or have hospital visitation rights, etc....

All those rights are only for those with a marriage certificate.

The good news for you is, our governement will let you and your boyfriend get one of those legal pieces of paper anytime you decide you want one.
Hmmm, somebody got up on the wrong side of the bed.

And actually, he has to meet five tests by the IRS, but yes, I can claim him as a dependant for this tax year.

Thanks!

**edited to add that he didn't work for a reason...personal....but will be starting a job in Feb. Thanks!
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Old 01-26-2005, 11:05 AM   #5
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Dependency Test:

http://www.irs.gov/taxtopics/tc354.html
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Old 01-26-2005, 11:05 AM   #6
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This year I am claiming my plow guy
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Old 01-26-2005, 11:10 AM   #7
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I think we violate local law Hey Illinois, welcome to 2005, couples do live together!!!

Oh well, worth a shot!!
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Old 01-26-2005, 11:26 AM   #8
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Quote:
Originally Posted by babar
I think we violate local law Hey Illinois, welcome to 2005, couples do live together!!!

Oh well, worth a shot!!

Worth a shot at getting audited? You really want to take that chance?
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Old 01-26-2005, 11:28 AM   #9
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Originally Posted by Bob Slydell
Worth a shot at getting audited? You really want to take that chance?

Um, no. I meant worth a shot, as in at least trying to find out. Now that I know I can't, I won't.
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Old 01-26-2005, 11:29 AM   #10
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Ahhh, gotcha. Yep, it's always worth looking into stuff like that.
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Old 01-26-2005, 11:32 AM   #11
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My Dh and I had the same issue before we married.

Call the IRS. He did end up claiming me as a dependent with full blessing from the IRS.

I believe we were told to go ahead and do it even though we violated local law (living together without being married.) I'm not sure if it was a state law or local law but it was one of those really old ones.

Just call the IRS and they will tell you if he meets the guidelines.
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Old 01-26-2005, 11:33 AM   #12
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Quote:
Originally Posted by Bob Slydell
Ahhh, gotcha. Yep, it's always worth looking into stuff like that.

And it would have been sooo nice to get that money!

I'll still get my regular amount, which is always nice. And the brightside is this won't even be an option this year!
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Old 01-26-2005, 11:37 AM   #13
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I'm the sole bread-winner in my family, been with DH/boyfriend for over 11 years now, not legally married (don't want to be) and we do file joint income taxes and I do claim him as a dependent since I support him.

Edited to add: We do live in Texas where common-law marriage is recognized, maybe that's the difference.
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Old 01-26-2005, 11:40 AM   #14
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Thanks for posting the link - here is the topic for others in case they need it (and yes, I am a little cranky this morning! ):

Topic 354 - Dependents

If you want to claim a dependency exemption for a person, all five of the following dependency tests must be met:

The member of household or relationship test,
The citizen or resident test,
The joint return test,
The gross income test, and
The support test. However, special rules apply to allow parents to claim the exemption for a kidnapped child in certain circumstances. Refer to Topic 357, Tax Information for Parents of Kidnapped Children, for more information.

The first test is the member of household or relationship test. To meet this test, a person must either live with you for the entire year as a member of your household or be related to you. The Instructions for Form 1040A and Instructions for Form 1040 list all relatives who meet the relationship test. Your spouse is never considered your dependent. A person is not considered a member of your household if, at any time during the tax year, your relationship with that person violates local law. If a person was born or died during the year and was a member of your household during the entire part of the year he or she was alive, the person meets the member of household test.

The second test is the citizen or resident test. To meet this test, a person must be a citizen of the United States, resident alien, or a resident of Canada or Mexico. To find out who is a resident alien, refer to Topic 851, or refer to Publication 519.

The third test is the joint return test. Generally, you are not allowed to claim a person as a dependent if he or she files a joint return. However, you may claim a person who filed a joint return merely to claim a refund of tax. This exception applies if neither the person nor the person's spouse is required to file a return and no tax liability would have existed for either the person or the person's spouse if each had filed a separate return.

The fourth test is the gross income test. Generally, you may not claim as a dependent a person who had gross income of $3,100 or more for 2004. Gross income is all income in the form of money, goods, property, or services that is not exempt from tax. There are two exceptions to the gross income test. If your child is under age 19 at the end of the year, or is a full–time student under the age of 24 at the end of the year, the gross income test does not apply.

The fifth test is the support test. To claim someone as your dependent you generally must provide more than half of that person's total support during the year. A special rule applies to children of divorced or separated parents, or to children of parents who have lived apart at all times during the last six months of the year. Generally, the custodial parent is treated as the person who provides more than half of the child's support. The noncustodial parent can meet this test if the custodial parent releases his or her claim to the exemption on Form 8332 (PDF), or by a substantially similar written statement. Refer to Publication 501, Exemptions, Standard Deduction, and Filing Information for more information.

You must include a valid social security number, individual taxpayer identification number (ITIN), or adoption taxpayer identification number (ATIN) for each dependent claimed on your tax return or the exemption will be disallowed. For more information on the ITIN, refer to Topic 857 or refer to Publication 1915 (PDF). For more information on the ATIN, refer to Publication 968, Tax Benefits for Adoption.

For more information on dependents, refer to Publication 501, Exemptions, Standard Deduction, and Filing Information, and Publication 929, Tax Rules for Children and Dependents.
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Old 01-26-2005, 11:42 AM   #15
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