Income Tax Dependent question ....?

Question

I've been with my bf for 5 years, living together for 4 years.. and we had our first child in July 2005. Ever since having our child .. we decided it would be better for me to be a stay at home mother. So I've been out of work since June 2005 ....

Now my question is ... can he claim me and our daughter on his tax return as dependents? Should he claim head of household or just Single?? (We live in the US = Hawaii to be exact)

Thanks in advance ... Happy New Year!!

I have been living with my bf for 4 solid years now and our daughter has been living with us.

Answer 1

The short answer is yes, if he provides over 50% of the care for your child and he is not married he can claim head of household. Remember, only one of you can claim your dependent at a time so if you had any income you'll have to file it separately. Of course, if you didn't have any income he can file HOH and claim you as a dependent.

Answer 2

I do not know the law in Hawaii for common law marriage. If common law marriage is not recognized in Hawaii, then by definition set by the IRS you have to be legally married to an individual for the marriage rule to be in effect and then he can file married filing jointly. He can claim head of household with a quaifying dependent ( his daughter). You cannot be claimed unless the state of Hawaii recognizes common law marriage. I do not think the IRS does. Therefore the only one who can be claimed is the child. What I would do is stop by one of your local tax offices where you live and they can tell you exactly, but since the state returns are linked to the federal returns I do not think he can carry you unless you are legally married or the state of Hawaii recognizes common law marriage. ( Someone who has been living together for two consecutive years). Since you have been living with your mother and the child there is a possibility that he cannot claim either of you, because the laws states that you both have to be living in a residence for at 6 months and provide the majority of support, therefore I do not think he can carry the child either because you and child have not been living with this man in a residence.

Answer 3

You'll pay less tax if you file jointly than if he files as married filing separately and you don't file. If you made under $700 you wouldn't have to file, but if you do file a joint return you have to show all of both of your incomes on that return. When you say "put as a dependent" I assume you mean showed an allowance for those individuals on your W-4. Only one of you should claim an allowance for each person on your W-4. But since you made so little, it won't make any difference.

Answer 4

Ah, the joys of not being married. No, he cannot claim you as a dependent. If he is the childs biological father and the child lived in his home for the entire year he can take the head of household status and claim the child as a dependent. Make sure there is a birth certificate and medical records and everything possible in the line of paperwork in a file in case the IRS does one of their random checks to see if a dependent is really a dependent. Good luck.

Answer 5

Figure the taxes both ways. Since he has provided more than half the support for you both, he can claim you both. I'm not sure if he can claim head of house with you being an adult, but there is a worksheet to figure that for you. Just figure the taxes with him single, with you single and one dependent, and him claiming you and your daughter. Most of the time it's worth the extra time and paperwork to figure them separate ways.

Answer 6

claim head of household.go back to work this is a two income world to make ends meet unless your bf wants to keep you at home under his thumb