My husband is disabled, gets disability and a monthly award from a law settlement due to the injury that disabled him. Can I claim him as an exemption--My income is approx $52,000 per year.
2007-01-31 01:32:12 · 4 answers · asked by patty s 1 in Business & Finance ➔ Taxes ➔ United States
Married filing jointly is what you want to do. That will give you the most exemption and deductions. If his disability is taxable you will still have to report that as income for the bothe of you.
This is assuming you were married before Dec 31, 2006. If you were not married last year and were living together - you can claim him as a dependent as long as you are providing more than half of his support. That means you are paying at least as much as his disability settlement for his housing and food. Also, in NYS cohabitation is illegal and may be in other states as well. If that is the case in your state, you will not be able to claim him since your relationship (unmarried and cohabitating) would be inviolation of the local law.
2007-01-31 01:44:06 · answer #1 · answered by Gypsy Girl 7 · 1⤊ 1⤋
No, you cannot claim him as a dependent. But you can (and almost certainly should) file a joint return with him.
His disability may or may not be taxable. If it's from Social Security or a state disability plan, it's tax free. If it's from a disability plan that he paid for, it's tax free. If it's from a disability plan that his employer paid for, it's fully taxable.
The injury settlement gets a bit tricky. The portion paid for the injury or illness is not taxable. Any portion that represents interest on the total award is fully taxable as is any portion that represents punitive damages.
2007-01-31 01:44:12 · answer #2 · answered by Bostonian In MO 7 · 1⤊ 0⤋
Even if you did not get married till Dec 31 you can claim him on 2006 but if you did not get married till Jan 1 you have to wait till you file for 2007. Get a doctor to sign the statement provided by the IRS and you got the deduction.
2007-01-31 01:40:43 · answer #3 · answered by lulachoodcounty 2 · 0⤊ 1⤋
File a joint return and you and he will both get a full exemption and standard deduction.
You do not claim him as a dependent.
2007-01-31 01:39:36 · answer #4 · answered by ninasgramma 7 · 1⤊ 0⤋