I will start living with my fiance starting in August. Can he claim me as a dependent if I am 21 years old and a full time student while he is working full time? Can he put this on his W4 for this tax year even though he is now independent from his parents starting this summer?
We haven't lived together previously, so just wondering if this can be done now for the current tax year.
2007-07-23 07:03:07 · 5 answers · asked by Mee 5 in Business & Finance ➔ Taxes ➔ United States
Although I agree with Dana....I get to the answer by totally different means.
First, it depends on what state you are talking about...yes Federal Tax Law does rely upon local laws. An example...Florida has a law from the 1880's banning cohabitation, thus making it illegal for none married couples to live together. Of course it isn't enforced but this makes it impossible to legally
claim a "girl friend" in the state of Florida as an exemption.
Now, where Dana is wrong a person doesn't have to related to you...there are just different rules. In this case they have to live with you the entire year...and you must provide more than half of their support...and they can't generally have an income of more than $3200. Of course this is assuming it doesn't break any local laws (enforced or not).
However, August isn't the entire year even in a state that allows it.
So the answer is still no he can't legally claim you .
But, there is another option too. if you live in a common law marriage state. And you want to claim a common law marriage...then he can take your exemption too. HOWEVER IF YOU DO THIS YOU ARE MARRIED. And these laws vary too...in Alabama all you have to do is agree and state it in public (there is no living together for a year and all the things you hear...but those things are true in some states).
But, then again you said your fiance...if you marry before the end of the year all of this is a moot point.
Now...I have to address the worst point....your 21 and about to move in with the person you love ...and you are thinking about taxes??? Even if your an accounting major...you should know that you are just talking about the tax on $3200.
Oh, I have been doing taxes for twenty + years.
2007-07-23 08:19:45 · answer #1 · answered by Russ B 6 · 4⤊ 1⤋
I assume that your fiance lived with you all year in 2007. If not, you cannot claim him as a dependent. The next question is: Did you provide over half of your fiance's support? If not, you cannot claim him as a dependent. The last think to check is his income. The IRA money is not taxed unless he withdrew that money. From your information I do not see $3,400 subject to tax. If he made less than $3,400 then you may be able to claim him as a dependent. Of course, he needs to meet citizenship requirements and not be filing a joint return with someone else, and not be a dependent of someone else. However, you cannot file as head of household based on an unrelated dependent. The dependent would have to be a close relative such as a child, parent, or sibling.
2016-05-21 02:01:27 · answer #2 · answered by Anonymous · 0⤊ 0⤋
He MIGHT be able to claim you as a dependent under certain circumstances. You must meet ALL of the following tests:
1. You cannot be the Qualifying Child of another taxpayer. Since you are 21 and a full-time student you may still be the Qualifying Child of your parents. If so, your fiance cannot claim you.
2. You must live with him for the ENTIRE year.
3. He must provide more than half of your total support for the entire year.
4. You must have less than $3,400 in gross income from all sources.
5. Your relationship must not violate local laws. If there is a local ordinance that prohibits co-habitation, even if it is unenforced, he cannot claim you as a dependent.
Based upon the information given, he CANNOT claim you as a dependent for 2007 since you will not have lived in his household ALL year.
Under NO circumstances can he claim Head of Household filing status even if you are his dependent for tax purposes. That is reserved for certain close family members only.
2007-07-23 10:13:33 · answer #3 · answered by Bostonian In MO 7 · 1⤊ 1⤋
No, he can't file head of household because you are living with him. There are specific relationships that allow a person to file head of household - child works, fiance doesnt.
For the year that you moved in in August, he can't claim you as a dependent either. He might be able to claim you for this year if you live with him ALL year, your relationship doesn't violate any existing state or local ordinances, he provides over half of your support for the year, and you don't make $3400 gross income for the year - if you make $3400 for the year, he can't claim you. Even if he can claim you though, he'd still have to file as "single" not "head of household".
2007-07-23 11:36:57 · answer #4 · answered by Judy 7 · 1⤊ 0⤋
No, he can't claim you as a dependent. You, as his girlfriend, are not a "qualifying person" as defined by the IRS.
2007-07-23 07:14:27 · answer #5 · answered by Dana A 6 · 2⤊ 3⤋