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pedro M. | Can I claim my girlfriend as a dependent? |
Hello
This might sound stupid but, can I claim my girlfriend as a dependent. She has been living with me the whole year, she is a student, she worked for like 3 ½ moths part time at the beginning of the year, and she is 21. We are living together but not counting those 3 ½ month I have been the one providing us with income.
Thanks |
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Scotty Doesnt Know
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Unfortunately, probably not. Your girlfriend is not a "dependent," as defined by the IRS. A "dependent" must be a "qualifying child" or a "qualifying relative." You can't claim her unless you can make her qualify as a "qualifying relative."
Your girlfriend may qualify as a "qualifying relative" if she meets four tests:
1) She cannot be the "qualifying child" of any other taxpayer. It sounds like she passes this one because she has lived with you all year. Therefore, she cannot have lived with any other taxpayer for more than one half of the year, so you pass.
2) She must live with you as a member of your household for the entire year, and your relationship cannot violate any local laws. Unless you live in one of the few communities in the US where cohabitation is still prohibited by statute or ordinance, you pass on this test.
3) Her gross income must be less than $3400. If it is $3400 or greater, you cannot claim her. You stated that she worked part time for 3 1/2 months, but what matters on this test is how much she actually made.
4) You must have provided more than half of her financial support for the past year. From what you've said in your additional information, you pass on this one.
It all comes down to test #3. |
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bostonianinmo
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You may claim her as a dependent under the Qualifying Relative rule if all of the following are met:
She lived with you ALL year.
She had less than $3,400 in gross income for the year.
You provided more than half of her support for the entire year.
Your relationship does not violate local law. A law that prohibits cohabitation, even if unenforced, bars the claim.
You cannot claim Head of Household or the EIC based upon her dependency claim. You only get the exemption.
Ignore the remarks about common law marriage. Only a few states recognize the concept AND mere cohabitation does NOT create a common law marriage. |
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C J
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No, I know it sounds crazy but in the U.S. taxes - I'm assuming you are U.S., - you can't claim her unless you are married. |
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Penny J
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don't you need to be in a common law relationship for more than 2yrs before you can claim? check with the IRS for more details |
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notaperviemusculargent
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For federal tax purposes, a marriage means only a legal union between a man and a woman as husband and wife.
Further, Local law could be violated. A person does not meet this test if at any time during the year the relationship between you and that person violates local law. When the IRS says "meet this test", the Agency means when testing to see if you can claim an exemption. |
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mageta8
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She will have to file taxes on that small time she did work. Do you or she know what she claimed when she was working....0 or 1? |
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Elizabeth S
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Depending on the state you live in, you could file married filing jointly. Google common law marriage and see what the requirements are for your state.
If you are "working towards" the requirements (say you don't meet the time requirement), file with her a 'qualifying relative' if she meets the income requirements.
If you have met the requirements for your state, file married filing jointly MFJ.
If your state does not recognize common law marriages, you must file single. She doesn't qualify as a relative or a child dependent.
***Edit - Boston quit sending me messages privately. Re-read my answer. I live near the state line and deal with this daily. One state recognizes common law (statues vary state by state) and the other law doesn't recognize them. It does make a difference. And, yes, in some states all you have to do is live together! Not all, but there are some! We are basically saying the saying thing. In both of our answers, we said it may be possible for you to have a qualifying relative. I don't know what the problem is. |
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originalkippyj
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No, not in the U.S. |
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