We are culturally married but not legally, I have been living with him for the past few years, id say ever since i was 17 and now im 19 turning 20 next month. I am a basic unemployed woman.
We are unsure if he can claim me under his tax refund as a dependent.
2007-02-20 07:54:28 · 20 answers · asked by ladymember 2 in Business & Finance ➔ Taxes ➔ United States
k we have been living together for almost 3 years..no seperation nada of that...Culturally married, meaning....we are married through our culture and religion..not legally.
2007-02-20 08:35:23 · update #1
So many wrong answers here. If you lived with him for the entire tax year, and you earned less than $3,300, and you cannot be claimed by someone else as a dependent, then he can claim you as a dependent.
2007-02-20 08:08:56 · answer #1 · answered by jseah114 6 · 2⤊ 0⤋
It's not legal because they need to be his blood children for him to claim them. But, if the girlfriend does not claim them on her tax return, then most likely the IRS will not uncover this, as they would only notice if the children were claimed twice. Then the IRS would have an issue. I've attached a link about claiming children. Qualifying Children To be claimed as a qualifying child, the person must meet four criteria: Relationship — the person must be your child, step child, adopted child, foster child, brother or sister, or a descendant of one of these (for example, a grandchild or nephew). Residence — for more than half the year, the person must have the same residence as you do. (More than half a year means, at minimum, six months and one day.) Age — the person must be under age 19 at the end of the year, or under age 24 and a be a full-time student for at least five months out of the year, or any age and totally and permanently disabled. Support — the person did not provide more than half of his or her own support during the year. TIPS The qualifying child must live with you for more than half the year. The old rules stated that the taxpayer must provide over half the support. The new rules state that the qualifying child must not provide more than half of his or her own support. The change makes it easier for families relying on public assistance, charity, and gifts from family members to claim a dependent. If a child does not meet the criteria to be a "qualifying child," you may still be able to claim the child as a dependent using the tie-breaker tests or the qualifying relative tests.
2016-05-23 23:28:30 · answer #2 · answered by Anonymous · 0⤊ 0⤋
He can claim you as his dependent if he provided more than half your support AND your principal place of residence was with him THE ENTIRE YEAR.
I had a case like this in 2003 where the taxpayer and his girlfriend broke up in September. She moved out, but they reconciled and married in January. I denied his exemption for his girlfriend because, although he provided more than half of her support, she did not live with him the full year. Had she stayed and not moved to her son's, the IRS would have allowed the exemption. I also denied him Head of Household, and made him file and pay taxes as a single taxpayer.
The next year, he can certainly claim her because he is married to her now and gets the Married Filing Joint status and two exemptions, not one. His income is now subject to lower tax brackets as well.
2007-02-20 08:29:29 · answer #3 · answered by Anonymous · 1⤊ 0⤋
If you lived with him ALL year, your gross income was under $3300, and he provided more than half of your support, then yes he can claim you as a dependent on his tax return. Claiming you as a dependent will NOT qualify him to file as head of household though.
2007-02-20 12:53:41 · answer #4 · answered by Judy 7 · 1⤊ 0⤋
Yes, he can.
My husband and I weren't married at the time and he was still able to claim me. Since there are a variety of answers, I would advise you to call your local tax office (H&R Block, Jackson Hewitt, etc) and see what they have to say.
Also, since you guys are "culturally" married, whats stopping you both from getting it on paper?? Legal is the way to go!
Good luck and much love!
2007-02-20 08:01:38 · answer #5 · answered by Anonymous · 3⤊ 1⤋
No, he cannot claim you as a dependent. However, you may be eligible to file as married filing jointly if you have a common law marriage according to the laws in the state in which you reside. This would mean that you would also be included at the top of the tax return, would be eligible for the married filing jointly standard deduction & would have an exemption for each of you. Be absolutely sure that yours qualifies as a common law marriage in your state before you do this, though.
2007-02-20 08:02:10 · answer #6 · answered by Tom's Mom 4 · 0⤊ 3⤋
Allowable Relationships for Claiming Dependents
To meet the relationship test, the dependent must either
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.
Qualifying Relationships with no residency requirement
The dependent will meet the relationship test for being claimed as a qualifying relative if the dependent is related to the taxpayer in one of the following ways:
son or daughter, grandson or granddaughter, great grandson or great granddaughter, stepson or stepdaughter, or adopted child,
brother or sister,
half-brother or half-sister,
step-brother or step-sister,
mother or father, grandparent, great-grandparent,
stepmother or stepfather,
nephew or niece,
aunt or uncle,
son-in-law, daughter-in-law, brother-in-law, sister-in-law, father-in-law, or mother-in-law, or
foster child who was placed in your custody by court order or by an authorized government agency.
TIPS
Qualifying relatives who are related in one of these ways need not live with the taxpayer. As long as you meet the other four tests (gross income, support, citizenship, joint return), you can claim these qualifying relatives as a dependent.
Relationships established marriage do not end with death or divorce. So if you support your mother-in-law, you can claim her as a dependent even if you and your spouse are divorced.
2007-02-20 08:00:46 · answer #7 · answered by Jewlery 2 · 0⤊ 2⤋
For some purposes he can claim you, for instance medically if he provides funding for your medical care. Not sure otherwise though. If you are placed under his guardianship, maybe. If you were his child and made less than the IRS limit per year, he could claim you. Maybe he should adopt you? lol
2007-02-20 07:59:15 · answer #8 · answered by Anonymous · 0⤊ 2⤋
you would have to be legally tied. after you've lived together 7 years you could be considered a common law wife.
2007-02-20 08:14:18 · answer #9 · answered by wendy_da_goodlil_witch 7 · 0⤊ 2⤋
I think he can but Im not sure! If you live with him and depend on him then I think you can!
2007-02-20 07:57:11 · answer #10 · answered by dark angel 2 · 0⤊ 2⤋