Can a domestic partner be a 'dependent' when it comes to taxes?

Question

Since I'm using my company insurance benefits on my partner, I wonder if I can claim her as my dependent to avoid some 30+% of some 3+K 'worth of insurance'?
what if her father already calims her as a 'dependent', while she's actually a college student on scholarships/loans/grants?

Or put it the other way
say my annnual income is 80k while her dad is less than half of that. Would it be more beneficial for me to claim her as a dependent? or for her dad?

I live in California, by the way.

Thanks
-Victor

Well, neither her dad or myself (even addd up together) actually pays 50% even
shes on student loan/scholarship/grants

we just pay whatever left remains. How about that case? no one either than loans/grants pays more than 50% in totality; so her 50% cost goes to 'whatever is left', or 'her total expenditure'? Thanks
-Victor

Answer 1

Her father would have the right to claim her especially if she's a college student.

Dependency test: Age 19-23 and a full student meets the exception that allows a parent to claim their child as a dependent Not someone else who is Not related to her, Regardless of income!

Check the 1040 instructions at www.irs.gov for claiming dependents.

Where you live is Irrelevant!

What is relevant is her father and her situation not yours.

Answer 2

Based on the income levels you provided it would seem that it would be more beneficial for you to claim her than her dad.

I'm not sure what you mean about the $3+K 'worth of insurance' but as long as her income was below $3,300 (the amount of an exemption) than you can claim her as a dependent as long as no one else claims her, including herself.

If you made $80K as a singe person that would put you in the 28% bracket or possibly the 25% bracket depending on your exemptions. Her dad is either in the 25% bracket or possibly the 15% bracket depending also on exemptions and/or itemized deductions.

As long as he's in the 15% bracket it makes some sense for you to claim your girlfriend because it would save you about $400 (combining the fed and state benefits) versus her dad but if he is in the 25% bracket (taxable income is over $30,650) than he is only paying 3 percentage points less than you on his top dollars so it would not be worth much hassle to save a few dollars in that case.

Below are the brackets for a single taxpayer in 2006:

$0 - $7,550 10% of the amount over $0
$7,550 - $30,650 $755 plus 15% of the amount over 7,550
$30,650- $74,200 $4,220.00 plus 25% of the amount over 30,650
$74,200 - $154,800 $15,107.50 plus 28% of the amount over 74,200

Answer 3

She can only be claimed by one person. But if you paid for more than half of her expenses in the year 2006, YOU should be the one claiming her. If not, it's sort of up for grabs. That's not much. Maybe it helps a little though.

But if her dad is not paying for a reasonable amount of her expenses, and you are... then it's a little messed up to have him claiming her instead of you.

Answer 4

She can only be claimed as a dependent by one person. I am not sure of the domestic partner rule in your state. Possibly only her father can claim her anyway.

Answer 5

If she lives in your home and her father doesnt help with the expenses of the home then she is most likely your dependent for tax purposes. Did she earn any money for the year?

Answer 6

The word "provided that it does not violate community rules" ability provided that there became no regulation that prohibited you from residing together without being married. some places have rules that say that throughout basic terms kinfolk and married couples are allowed to stay together. in case you violated any regulation by residing together, then you definately do not qualify for the tax declare.