can he claim any thing on his taxes for me, do i qualify as a dependant. were both divorced and i have not worked in a year and a half, some people at work swear up and down the he can but i don't think so anybody know if this is so , and if so are there any forms that we need. just in case you need to know i'm 35 and and do not work due to horrible child care in the area and we live in florida thanks in advance..
2007-02-02 11:17:47 · 5 answers · asked by auntie s 4 in Business & Finance ➔ Taxes ➔ United States
Here is one question where there are a lot of debate back and forth. Here is what the IRS says in Publication 501 as to who qualifies as a dependent. To qualify as a dependent of the taxpayer, the person must be either
1. a qualifying child, OR
2. a qualifying relative
Obviously you cannot be a qualifying child. So you need to see if you are a qualifying relative. The IRS defines a person as being a qualifying relative if you meet the following 4 tests. All 4 tests must be met, or you don't qualify, period.
Test 1 - You are not a qualifying child
This is pretty obvious, because if you were a qualifying child, then you would be a dependent under the first criteria.
Test 2 - You either meet the member of household test or the relationship test
You only need to meet either the member of household test or the relationship test, not both. For the relationship test, the IRS lists a number of different family relationships that would qualify. Since you are not a member of the his family by birth or marriage, then you don't meet this test. So you look at whether you meet the member of household test. The member of household test requires that you live in his household for the full year, from January 1 through December 31. You can't have decided to move in with him partway through the year and qualify. Based on your information, since you have been living together for four years already, this would qualify you for this test.
Test 3 - You cannot earn more than $3,300.
The gross income test limits your income to the personal exemption amount. If you earned more than $3,300 (for year 2006), then you would fail this test. If you did not work at all, then your income is zero and you would meet this test.
Test 4 - The taxpayer must provide at least 50% of your support.
The support test says that if the taxpayer paid for AT LEAST half of your support (rent, food, etc.) for the year, then you would pass this test.
If you pass all four tests listed above, then your boyfriend can claim you as a dependent. So your boyfriend would be able to file his tax return as Head of Household with 3 exemptions (him, you, and your daughter) rather than Head of Household with 2 exemptions (him and your daughter).
2007-02-02 11:40:46 · answer #1 · answered by jseah114 6 · 0⤊ 0⤋
He cannot claim anything on you. In order to qualify as a dependent, you must be related. However, if the child is his daughter too, he can claim her as a dependent and also file as head of household. If you want a better tax benefit for next year you should marry him - then he could claim you as a dependent.
2007-02-02 11:23:07 · answer #2 · answered by Anonymous · 0⤊ 1⤋
No, he can not claim you unless you are married. However, as the child is legally his and he is supporting her, he can claim her as a dependent.
2007-02-02 11:22:15 · answer #3 · answered by Anonymous · 0⤊ 1⤋
i went through this before i was married, he can not claim you because you are not yet married or a blood relative....my husband(then boy friend) could not claim me or my son( not his son)untill we was married even tho he was the only one working for the full year in our house But if your daughter is his he can claim her.
2007-02-02 11:25:26 · answer #4 · answered by tiquillabitch 2 · 0⤊ 1⤋
i think ou should break up with him he dosent take care of his chid and he didnt ask u to marry him
2007-02-02 11:25:36 · answer #5 · answered by Anonymous · 0⤊ 1⤋