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Beefcake The Mighty | Who can claim me on their taxes this year? My Boyfriend or my mother? |
I did not work this year at all, so i was wondering if my boyfriend would be able to claim my daughter and I, we go back and forth form staying at his mothers house and mine, but we DONT have the same mailing address, my daughters father does play child support but thats it. hes been in and out of jail, he hasnt seen her in almost 2 years. My Boyfriend does support my daughter and I, the only reason we have been staying back and forth is to save money to move this december. Would it be legal for him to claim us? I have to mention I do get food stamps through the state because I am pregnant, but my bf is not on the case. Its just for my daughter and i, thats it i dont get full Public assistance. Thanks! any other information needed Let me know!
Additional Details
Let me just say, for the people who have something bad to say don't answer this, i mean seriously what do you care what I do with my life.
I am of age so I have no reason to be emancipated. |
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acmeraven
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Two college degrees and 37 years tax prep experience for you here. You have to go through the flow chart in Pub 17 to make the actual determination right down to the nitty gritty, but; for all intents and purposes you and your daughter meet the qualifications to be claimed as dependents on your boyfriend's return. If you wish to contact me for any clarification or yada do so; I am currently finishing up my testing for the 08 season so my brain is fully shifted into tax mode. |
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tatero_2000
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Your boyfriend cannot claim you as dependents.
You have two children, aren't married, and are on public assistance. Maybe it's time you made some responsible choices in your life? |
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v b
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"we go back and forth form staying at his mothers house and mine"
"I am of age so I have no reason to be emancipated"
First off, you don't know what "emancipated" means. You aren't if you are still living at home.
Second, you bounce from home to home. The IRS is going to view this as YOU living primarily with YOUR mom. Any time spent at your boyfriend's mom's house as a temporary absense. (The same is inversely true for your boyfriend.) As for the baby, at the moment, whereever you are, that's the baby's home too.
Third, you don't give your age. If you make less than $3500 or are under 19 (or under 24 and in school), your mother claims you. If you are too old, it's as qualifying relative. If you are under 19 or under 24, it's as qualifying child. If you can be claimed by her, so is your baby. If you can't be claimed by her, the baby can be claimed by your or her, but not both.
Your boyfriend has no rights to claim either of you. For starters, he isn't paying more than half of your support (he isn't supplying the housing and he certainly isn't providing those food stamps) and I'd argue that you aren't sharing the same household from 1/1 to 12/31.
After the new baby is born (if it's his), he'll be able to claim that baby if he can show he lived with the baby for more than 6 months of the year. Bouncing from house to house is not going to provide documentation. |
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Judy1
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Your boyfriend can't claim either of you. To claim an unrelated person, the person must live with him ALL year, and from your question, you haven't. And even if you did live together, he'd have a real hard time proving he provided over half of your support since the two mom's are providing the living quarters.
Your mother might be able to claim you. That will get a little complicated since there are many rules. If you lived with her for over half the year (adding up all the time you were with her) and you are either under 19 or are under 24 and were a full time student for some part of at least 5 months of the year, she can claim you as a qualifying child. And if your daughter lived with her for over half the year, again adding up the time she was there, your mom can claim her as a qualifying child. A lot will depend on how much time you were where.
Even if you didn't live there half the year, if your mom can prove that she provided over half of your support, she could claim both of you.
And by the way, you have gotten a lot of wrong answers here, pretty common with that type of question. And depending on who you talk to at Block, you might or might not get the right answer there either. Your situation is a little complicated as far as whether your mom can claim you and/or your daughter - depends on what "going back and forth" means, and you don't give details on that - if you are just staying over with his mom on weekends or something, then vb's interpretation, that you really lived with your mom all year, is correct, and she can probably claim both of you - if you actually move to his moms, like live there all month every other month, then your mom might not be able to claim you. It isn't complicated re whether your bf can claim you, not even close - and even if he could, he couldn't file as head of household as one responder suggests. Assuming the child you are expecting is his child, he will be able to claim that child for 2009
Good luck. |
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g_tranor
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You're boyfriend cannot claim you. Their is no tax filing status for living together. Your Mom can claim you if she provides over half of your support, and you do not earn over $2,800 excluding social security. |
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The Dread Pirate Roberts
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Your mother if you are not emancipated. Your boyfriend has no legal standing with the taxing authorities and can not claim you or your kids as dependents.
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Dave W
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Legally, you have to be married, for your boyfriend to claim you as a dependent. Can you imagine the complications, and "double" accounting, and fraud if everyone could start claiming their significant others as dependents? (even if true).
Probably the tax codes are one reason, many people get married too, and is another reason Gays/Lesbians want this "tax" privilege too.
If he claims you, and your mother "turns him in", then he'll be facing a big extra tax bite, plus penalties later.
Your mother can only claim you if you are under age 22, AND still a full time student. Otherwise, she can only claim you if you are under 18, or someone who is older but "disabled", or mentally challenged.
Since you haven't worked, you won't have to file an income tax return.
Had you worked, even a few months, you may have qualified to get an extra REFUND, called "earned tax income credit", since you could claim to be "head of household", being a single mother.
EDIT: About Emancipation. This is not something you do, or your mother does, it happens automaticly, when one of three things happen.
(1) You turn 18, that's legal adulthood, unless you remain a student and your parents are supporting you.
(2) You get married, even at age 15, 16, or 17, that makes you an adult.
(3) You join the military under age 18. Then you belong to them.
Another way to be self-emancipate, is to run away from home, and become completely self-supporting.
It appears that this hasn't happened to you, but you were then emancipated upon graduation from college. That's a legal definition. Adulthood is a terrible thing to waste.
Below is link for IRS. Look at FAQ's or find an example that applies to your case there. You can also send email to them, they will reply within 48 hrs, normally with better answer. |
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bookish
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I've got to stop reading these things on YA. I never realized there were so many messed-up people having babies with losers and living off the government. It's depressing.
I think it depends where you're living. Who's really supporting you, i.e., providing a place for you to live? I don't know how public support factors into it--if the government is providing for you, how can anyone claim you as a dependent? The IRS will provide free information. H&R Block would charge you.
Edit: BTW, you're getting food stamps and whatever, but you've got a computer and Internet access. Who paid for that? I hope you're at your public library right now.
Edit: You don't have a clue, do you? You're of age so you aren't emancipated? Do you know what emancipated means?
Listen, I'm not the one in this mess--you are. Clearly, you're doing something wrong. For one thing, stop having sex with criminals. How did you think that would work out? Holy crap, you went to college? I'm going to guess it wasn't Harvard.
You're really hung up on the "emancipated" thing. You're not a minor; you can't be "emancipated" anymore. You're considered an adult, even if you are not living like one. |
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Ali M
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First, no one has the right to judge you. You are only asking a question and you deserve an answer, that is why we are here.
There are four test for your BF to pass in order to be able to claim you
1) Relationship or Residency; You are not his relative but if you lived with him the entire yr then you meet the test. (you did not meet this test)
2)Income; Your income must be under $3400 (you meet this test)
3)Taxpayer (your BF) must provide over 1/2 of your support
4)You are not a qualifying child of another TP (tax payer)
You do not qualify as your BF qualifying relative
Depending on your age, you probably are qualified to be a dependent of your mother. If you want more info, e-mail me and I will help you.
Good luck with your new baby.
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Nikki
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It's best to ask a tax expert this question. Normally I believe you need to reside together in order for him to claim you. He can claim head of household, however I'm not sure about you and your daughter. Sorry I couldn't be of more help. Just call your local H & R Block, or small tax business and ask them. Good luck. |
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jo
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Can I claim my 20 year old son that is in college part time. He has a work study job. And a job at the neighbors that he made 1650.00 last year. He lives with me and I pay for all of his living expenses, except gas for his vehicle.
I am also wondering about my 18 year old son that is graduating from high school early, and attending college full time this spring. I pay for all of his living expenses to. He has a work study job also, and worked at the neighbors and received about 300.00 last year from them.
I would appreciate any clarification, on if I can claim them, since I was told once they turned 17 I can't claim them. Help.
Thanks |
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