My son's girlfriend says she can claim my son as a dependent because he is disabled and lives with her and she supports him, she also says she can claim her sisters son as long as no one else claims him. In other words she thinks that as long as no one else claims someone as a dependent if you have their social security number you can claim them on your taxes as a dependent as long as they live with you and you support them. Is this correct?
2006-07-01 02:54:21 · 10 answers · asked by ogolindaq 1 in Business & Finance ➔ Taxes ➔ United States
Probably correct, depending on circumstances.
If a person is not related to you in ways the IRS defines as a "relative", they must live with you all year. In that case, if you provide more than half their support and they do not have gross income over a specified amount ($3200 for 2005) no matter what they spend that income on or if they don't spend it, they can likely be claimed as a dependent..
If more than one person claims the same dependent, they will likely be asked to prove that they provided more than half of the person's support. So claiming someone isn't a matter of "nobody else claims them", it's a matter of actually supporting them.
If the person is related by IRS rules (and the nephew is, if he's under 19 or under 24 and a full-time student or is totally disabled, then he does not necessarily have to have lived with her the ENTIRE year, just more than half the year, if all other rules are met for claiming him.
There are some additional rules for claiming a dependent, but these are the main ones.
2006-07-01 04:30:51 · answer #1 · answered by Judy 7 · 0⤊ 0⤋
She might be able to claim your son, but the rules do include living in the home. But if she is trying for the earned income which is one of the largest reasons for fraudlent refunds, then the answer is no. The person has to be a direct dependent, foster child, guardianship, etc. IRS is going a better job every year in finding the taxpayers who are claiming EIC when they should not be.
2006-07-01 05:26:01 · answer #2 · answered by sandytax 1 · 0⤊ 0⤋
In order to claim a dependent, they cannot pay rent and you must pay more than 50% of their expenses. So if your son is living with his girlfriend for free, then yes, she can claim him.
2006-07-01 02:59:53 · answer #3 · answered by Crys H. 4 · 0⤊ 0⤋
I'm pretty sure she can claim your son. As long as he has lived with her for six months out of the yr and he was not working. Not so sure she can claim her sisters son if he doesnt live with her. As long as someone lives with you at LEAST six months and they dont have taxable income...you can claim them.
2006-07-01 03:01:05 · answer #4 · answered by classick_magick 2 · 0⤊ 0⤋
i think they have to be a direct family member like a son or daughter mom or father of the person claiming them but your best bet is to ask a Tax person
2006-07-01 02:59:26 · answer #5 · answered by OZoNE 4 · 0⤊ 0⤋
She cant claim him. the IRS has a list of people that are approved to be dependents and a boyfriend/girlfriend is not on that list
2006-07-01 08:18:35 · answer #6 · answered by Anonymous · 0⤊ 0⤋
Actually, I thinik it is!! Although with her sisters kids I would think that they would actually have to live with her and she would have to take care of them!
But as far as your son goes yes I think she can claim him as long as shes the primary care taker then yes..I think so :(
Sorry..It sounds like this chic is all about the $$$ Maybe you should advise your son of moving???
2006-07-01 03:11:58 · answer #7 · answered by starz11978 1 · 0⤊ 0⤋
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2016-11-01 01:10:40 · answer #8 · answered by ? 4 · 0⤊ 0⤋
i dont think so coz my brother is disable and my dad could not claim him
2006-07-01 02:57:39 · answer #9 · answered by nightsky1331 3 · 0⤊ 0⤋
The short answer is "No".
2006-07-01 03:00:11 · answer #10 · answered by american 2 · 0⤊ 0⤋