My fiance's mother wants to claim her as a dependant on her taxes. I'm not sure if she can do that, my fiance is 22 and she made over $17,000 this year. she did live at her mothers house while she was finishing college for about 6 months but now lives with me and works full time. We live in Texas .... not sure if thats relevant but, just in case.
2007-01-06 18:06:33 · 11 answers · asked by ghoulslayar 1 in Business & Finance ➔ Taxes ➔ United States
She may well be able to clasim her for 2006. See the link below, pages 19 & 21.
The key is whether or not she was a full-time student for any part of five calendar months during 2006. If she was, it does not matter how much she earns. If she was not, she cannot, in any case, be a dependent.
Your fiance would also have to have lived with her mother for more than half the year as well. Periods away at college count as living with mother.
If your fiance provided more than half of her own support she cannot be dependent. That, in part, depends on what her mother paid out for her - tuition, things like that. You may also want to search the irs site for Publication 501. I'm too lazy to go and get the link right now, sorry.
Dependent exemptions are a source of much aggravation, as evidenced by the questions that get asked on this board. Each case must be decided on its own facts. I encourage your fiance to look at the link below and educate herself so that she can resolve this issue with her mother in an amicable way.
2007-01-07 01:32:42 · answer #1 · answered by skip 6 · 1⤊ 0⤋
She very possibly can. Since your fiance was a student for at least five months of the year, she can be over 18 and her mom can still claim her - the age limit for a student is under 24.
Income limits also don't apply - what counts is whether your fiance paid over half of her total support for the year. It's not the time, it's the amount, so this calculation could get a little tricky. A lot would depend on what your fiance spent her earnings on, or if she saved them.
She would also have had to live with her mom for over half the year. You say she lived with her mom for about 6 months - was it a little over, or a little under 6 months. If under, her mom can't claim her.
Read through the rules on irs.gov - you can find them in Publication 17, or in the instructions for 1040. If you still feel her mom can't claim her, then have her talk to her mom about it - if she claims herself and her mom also claims her, both of them will end up involved with the IRS trying to settle it, which could be a lot of aggravation.
2007-01-07 04:43:16 · answer #2 · answered by Judy 7 · 1⤊ 0⤋
If she lived with her parents for at least six months of the year and was a student, they can claim her.
You should look on the h&r block refund calculator and see how much your girlfriend could reasonably get back. If it's not going to be much at all, you might let her mom claim her with no argument. If her mom was paying her college tuition, definitely let her mom claim her...that is only fair.
Hate to say it, but if you really force the issue, you're always going to be remembered as the future son-in-law who cost her parents whatever amount that year...
If you had gotten married at any time during 2006 this wouldn't be an issue.
2007-01-06 18:16:50 · answer #3 · answered by Judi 6 · 0⤊ 2⤋
To claim her she would have to be a full time student.
2007-01-06 18:16:58 · answer #4 · answered by 2007 5 · 0⤊ 0⤋
Your mother can NOT claim her. Main reason is because she is OVER 18. Second reason is, she can only claim her if she lived in HER house for 6 months and 1 day out of the year (meaning she lived there more than half of the year) AND she paid ALL of her expenses, such as food, personals etc...
Due to the fact that she works full time, I would suggest she file her own taxes, that will give you guys a little bit of extra money... towards the wedding maybe? :)
2007-01-06 18:10:16 · answer #5 · answered by brown eyes 3 · 1⤊ 6⤋
If she was living under her roof during the time she was going to school she can claim her for that amount of time only!
2007-01-06 18:16:32 · answer #6 · answered by Judy D 2 · 0⤊ 2⤋
SHE CAN CLAIM HER, BUT, YOUR FIANCE MADE TOO MUCH MONEY, SOMEONE IS GOIN TO GET CHARGED. SHE COULD NOT HAVE MADE MORE THAN 3,000 FOR THE YEAR TO BE ABLE TO BE CLAIMED AS A DEPENDENT. PLUS YOUR FIANCE NEED TO FILE TAXES HERSELF, SO HOW IS THAT SUPPOSE TO WORK....
2007-01-06 18:10:50 · answer #7 · answered by CHOCOLATE THUNDER 2 · 0⤊ 3⤋
yes she can because if a child is still going to colleage a parent can still claim them on their taxes. they can be claimed up until the age of 23
2007-01-06 18:15:20 · answer #8 · answered by Cyndi s 2 · 0⤊ 2⤋
sadly, yes she can. if your fiance lived with her, six months or more, she is a legal dependant.
2007-01-06 18:08:37 · answer #9 · answered by dreamzindigital_20 3 · 0⤊ 2⤋
She can claim anyone she wishes, so long as she doesn't get caught. However she cannot legally claim your finance on her taxes.
2007-01-06 18:10:29 · answer #10 · answered by ahab 4 · 0⤊ 4⤋