Can boyfriend file me as a dependant?

Question

Im wanting to go back to college, but you have to fill out your parent's tax stuff on the FAFSA. Thus making me ineligible for grants, even though they live in another state and have for over a year.

I have been living with my boyfriend for almost 2 years now. This year, I worked part time Jan & Feb. I didnt work March-Mid August. He has been working full time. I will start working about 20-30 hours a week now.

Can he claim me as a dependant? If so, should I put "0" under my W2 and he puts "2"?

Im sure he has provided atleast 50% of his income to support bills & myself.

I just recently got a job that pays $7/hr. Can I put "0" on my income taxes? How will it affect me?

This what I found on irs.gov:

To be able to claim:

1)The person cannot be your qualifying child or the qualifying child of anyone else.


2)The person either (a) must be related to you in one of the ways listed under Relatives who do not have to live with you, or (b) must live with you all year as a member of your household (and your relationship must not violate local law). 2


3.The person's gross income for the year must be less than $3,300. 3


4.You must provide more than half of the person's total support for the year. 4


_____
Under the local law, it says perhaps a girlfriend lives with you for the year but is married to someone else, that would violate local law. Our relationship does not violate such law...and if I have less than $3300 made, he should be able to claim me, right?

Im not his child, we have lived together for the yr, I prolly wont make more than $3300, and he has paid atleast half to support me.
Can he claim me or file Head of House?

Answer 1

He might be able to claim you as a dependent but only if your parents no longer can. To claim you as a dependent you must meet all of the following tests:

1. Not the qualifying child of another taxpayer. If your parents can claim you then he cannot, even if your parents do not claim you.

2. You must have lived with him for the entire tax year.

3. He must have paid more than half of all of your support for the entire year. As you're a student, that will include your tuition as well as other support items such as rent, food, clothing, car, insurance, medical care, etc.

4. You must have less than $3,400 (2007 rate) in gross income. Working 20 - 30 hours per week will kill that in short order even at minimum wage.

5. Your relationship must not be illegal under local law. If there is a local law or ordinance against cohabitation, even if it is unenforced, he cannot claim you as a dependent.

The rule on your parents claiming you as a dependent does NOT require them to provide more than half of your support! The law only stipulates that YOU do NOT provide more than half of your support. Your B/F could provide 80% of your support but your parents could still claim you if otherwise eligible. If the only reason you are not living in their household is that you are away at school, you are considered to be living in their home still and your parents could still possibly be eligible to claim you. You need to investigate that aspect as well before your B/F tries to claim you.

Even if your B/F can claim you as a dependent he will NOT be able to file as Head of Household. That is reserved for close family relatives.

Keep in mind that your FAFSA and your tax return are separate issues. Depending upon the FAFSA requirements your parents' income may still come into play as far as your eligibility for student aid are concerned regardless of who can claim you on their tax return.

Answer 2

If you are going to be working for 20-30 hours a week for the last four months of the year, and also worked for the first two months, it sounds like you’d make over $3400 gross for the year (it’s not take-home that counts) so he wouldn’t be able to claim you. The limit for 2007 is $3400 - $3300 was the 2006 limit. But if you make less than that, then he probably could claim you.

The question of whether your relationship violates local law is a lot broader than the one example you gave, of one of the people being married to someone else. Many areas still have laws on the books against cohabitation. Even if they aren’t enforced any more, if the law is still on the books, he wouldn’t be able to claim you.

If you don’t make $3400 gross income, and there aren’t any laws against your relationship, then he could probably claim you as a dependent. That would definitely NOT qualify him to claim head of household though – that’s only for close relatives by blood or marriage, and as a girlfriend, you are NOT a close relative (the IRS has a list of relationships that qualify).

It doesn’t matter if he provided over half of his income to pay bills and support you – to claim you he’d have to have paid over half of YOUR support. You say you are a student – school expenses count as part of support.

You are correct that if he can claim you as a dependent, you should put single 1 allowance on your W-4, and he could put single –2. But I’d be very surprised if he can, due to your income.

By the way, most of the answers above are wrong.

Answer 3

Who has provided over half of your support? It is not enough that your boyfriend has paid some of the bills. Have your parents been sending you money for example? That may disqualify your boyfriend from claiming you, since money sent to you would be considered support provided by your parents.

If your boyfriend has provided over half of your support, you made less than $3,400 in 2007, and you lived with your boyfriend for 12 months in 2007, then your boyfriend may claim you as a "qualifying relative" even though you are not related.

Since you are not a relative, your boyfriend cannot use the head of household filing status based on providing you a home.

If you work about 25 hours a week for six months at $7 an hour, you may go over the $3,400 income limit. So keep that in mind.

If you are going to make less than $3,400 in 2007, you will not owe any income taxes even if you are a dependent. So you could put 1 on your W-4.

Your boyfriend could put 2 on his W-4 if he is going to claim you.

Answer 4

Unless your parents provide at least half of your support, THEY can't claim you as a dependent. If your income is less than the personal exemption, you boyfriend MAY be able to claim you. Another rule you did not address is that your relationship can't violate local law. While it is rarely enforced, some communities still consider unmarried couples living together illegal.

Edit: I just read the last part of your 'additional information'. It appears your boyfriend can claim you.

Answer 5

Your boyfriend can claim you as your dependent if you earn less than $3,400.
He can't file as Head of the Household. For this the Qualifying person must be your relative.

Answer 6

You are not understanding the IRS rules. You HAVE to be a relative living with him and dependant on him to qualify. Shacking up does not cut it. So unless this is an incesteous relationship there is no way you can qualify as a dependant.

If one of you is a single parent with the child living with you then the one that is the parent claims Head of Household.

Answer 7

Yes he can claim you, if he has been supporting you. In my opinion I would came single, file alone unless yall have kids. That way you would defiantly be able to get grants and PELL. If you don't live in your parents home then you should not have to put them on your FAFSA. If they do not support you, you can go to your school to be able to fill out papers to be an independent student. He can claim you, he can not file Head of Household.

Answer 8

If you make gross less then 4500.00 per year, you can file and not claim yourself and he can claim you as a dependant if he contributed to more then 50% of your support.

The best thing to do is contact a tax specialist or the IRS, you dont have to give them any personal information to get an answer.

Answer 9

Only if you want him in jail for tax fraud. No, you are not his wife and not his child. He can not claim you.