on last years taxes i was told i couldn't claim my girlfriends daughter 15 yrs old because she wasn't a legal relative of mine. but now she not only is my girlfriends daughter but she is my brother and sister in laws niece. if i can claim her is she a dependant a child dependant?
2007-01-18 21:33:00 · 10 answers · asked by Anonymous in Business & Finance ➔ Taxes ➔ United States
I did taxes in California. It all boils down to this. If your girlfriend made over $3,300 in 2006 (or $3,200 in 2005), then you absolutely can not claim her or her child.
Since you are still reading, I can assume that she earned less than this amount. OK, if your girlfriend lived with you for all of 2006 and you supported at least 50% of her living expenses, then you can claim your girlfriend on your taxes as a Qualifying Relative (QR). Since she is being claimed by someone (you), she can have no dependents of her own (new law since 2005). If she has no dependents of her own, her child is NOT her Qualifying Child (QC). Did the child live with any relative for at least 6 months last year that isn't being claimed by someone else? If no, then the child is no body's QC. If she is noddy's QC, then she can be your QR. Did she live with you the entire year, did you pay 1/2 her support? If so, you can claim her too. Claiming your girlfriend and her child will get you 2 more exemptions, but not qualify you for Head of Household, Child Tax Credit, Child Care Credit (Daycare), or Earned Income Tax Credit unfortunately.
PS., you don't have to enter Qualifying Relative or Qualifying Child on the tax form anywhere. But when you do enter their names, do NOT put an "X" in the "Qualifying Child" box (column 4) on top of the 1040.
Hope this answers your question once and for all.
2007-01-25 08:17:24 · answer #1 · answered by TaxMan 5 · 1⤊ 0⤋
She should qualify as a qualifying relative (doesn't actually have to be related) if she lived with you all year, you provided more than half of her support, she isn't claimed by anyone else, and she didn't make over $3300 income for the year. She would not qualify you for head of household status though, and you would not claim her as your child.
I don't know who told you last year that you couldn't claim her. The above rules were in effect then too, although the income limit was $3200 instead of $3300.
Being your brother and sister in law's niece has no effect on the situation.
The above answer is for federal - I have no idea re CA tax law.
2007-01-19 05:22:38 · answer #2 · answered by Judy 7 · 0⤊ 0⤋
You have to pass the tests for "qualifying relative", since the child isn't yours:
1) You provide more than 50% support
2) Their income must be less than $3300
3) They have to live with you the entire year
4) They must not be filing joint with a husband/wife
5) They have to be a citizen or legal resident of US, Canada or Mexico
There is also an implied requirement that the mother is not filing. If the daughter can be claimed by someone else, you'll have problems because ties always go to the natural parents.
So you basically have to be able to claim both of them or neither.
2007-01-18 21:42:33 · answer #3 · answered by Anonymous · 0⤊ 1⤋
Taxpayers may claim a dependent for a person who meets the criteria for a qualifying relative. A dependent is a person who meets either the qualifying child or the qualifying relative definitions. The relationship test is critical to being able to claim a qualifying relative. Some types of relationships have no residency requirements. For example, you can claim your parents as dependents under the qualifying relative rules as long as you meet the other criteria, and your parents don't have to live with you. Other relatives have to live with you for an entire year before you can claim them as a dependent. •be related to the taxpayer is one of the following ways, or •live with the taxpayer for an entire year, and the relationship must not violate local laws (some same sex's can claim).
2016-03-29 04:23:37 · answer #4 · answered by Beverly 4 · 0⤊ 0⤋
no you cannot claim your girlfriends daughter because she is not your qualified child, nor a qualified relative. she is your girlfriend's qualified child.
you may be able to claim your live-in girlfriend, if she has income of less than $3,300 and you provided more than half of her support in 2006.
2007-01-18 22:09:49 · answer #5 · answered by tma 6 · 0⤊ 0⤋
You need to get real advice, not the kind you find here. You can call the IRS and get tax information, or go on line and read the regs, or talk to a legitimate tax accountant.
2007-01-18 21:43:11 · answer #6 · answered by Kaia 7 · 0⤊ 0⤋
TMA's answer is right on. 100% correct. You may be able to claim your girlfriend but not her daughter.
2007-01-19 02:12:10 · answer #7 · answered by strawberrycrush 4 · 0⤊ 0⤋
You can claim anyone that lives in your residence if you provide 50% or more of their support. Which you do cause you pay the rent on the place your living in. So claim her.
2007-01-18 21:38:41 · answer #8 · answered by michael_trussell 4 · 0⤊ 3⤋
www.irs.gov
look up the qualifications for filing - dependents
all forms, schedules and instructions - free
and use the search box for your questions.
GOD bless America.
CPA-retired
2007-01-22 15:11:55 · answer #9 · answered by May I help You? 6 · 0⤊ 0⤋
Your brother married your gf's sister?
2007-01-18 23:56:50 · answer #10 · answered by Katrina81 4 · 0⤊ 1⤋