She has lived with me for the whole year. I carry insurance for her as a domestic partner. I provide most of her support. She has earned approximately 8000 this year on her own. Thanks for your help
2007-11-17 04:12:25 · 13 answers · asked by Dan C 2 in Business & Finance ➔ Taxes ➔ United States
No, you can not. Her income is much too high regardless of how much support you provide. To claim someone as a dependent under the Qualifying Relative rule, all of the following conditions must be met:
1. The individual must not be the qualifying child of another taxpayer.
2. The person must not have filed a joint return with another taxpayer unless the only reason for the joint return was to receive a refund of all taxes withheld.
3. The person must have lived in your household for the entire year.
4. The person must have less than $3,400 in gross income. Only non-taxable Social Security may be excluded from gross income. (You fail here clearly.)
5. You must have provided more than 50% of the person's support.
6. Your relationship must not be illegal under local law. If there is a local ordinance against cohabitation, even if it is unenforced, you may not claim the person as a dependent.
Ignore the comments about a Common Law Marriage. Merely living together NEVER creates a common law marriage. And only a very few states now recoginze the concept anyway. Unless you live in a state that recognized common law marriages and meet all of the state's requirements for common law marriage then you are NOT common law husband and wife.
2007-11-17 05:55:19 · answer #1 · answered by Bostonian In MO 7 · 3⤊ 0⤋
first of all - if she claimed you as a based and you're 2 many years previous, then she did no longer get a stimulus rebate for you. Dependents 17 and older do no longer qualify for the rebate. 2nd - in case you're making $10,000 subtract the common deduction ($5,350) and the exemption ($3,4 hundred) then you certainly get $a million,250 in taxable income. At 10% tax fee it is $one hundred twenty five of taxes due. so so which you could report a tax return. in case you report a tax return, you declare your self - merely remember to do no longer mark the field that somebody else is claiming you. sure she did declare you yet she isn't entitled, so do no longer mark the field! considering your mom has already claimed you, you need to not be waiting to e-report your return, so which you report a paper return. while the IRS strategies your return, that is going to flag which you have been claimed by potential of your mom. The IRS will then touch the two you and your mom to be sure who gets to declare you. Assuming they are happy along with your documentation, then they're going to take you off your mothers return and charge her for the version. As to the rebate, considering you in straightforward terms owe $one hundred twenty five in taxes, you will in straightforward terms get a $3 hundred rebate. you will get a 2nd danger at claiming the rebate in 2008, and in case you qualify you will possibly be waiting to get the different $3 hundred of the rebate. in case you have already filed, and you marked the field that somebody else will declare you, you could report an amended return. yet this might merely exchange the tax return and could no longer influence the rebate. you have the possibility to declare the completed $six hundred on the 2008 tax return.
2016-11-11 22:14:51 · answer #2 · answered by pedrosa 4 · 0⤊ 0⤋
No you can't. She earned over the limit of $3400 to claim her, although she might meet all the other requirements.
And by the way, lovely sexy mom doesn't have much of a clue what the requirements are for common law marriage, and is totally wrong in her definition.
2007-11-17 11:32:06 · answer #3 · answered by Judy 7 · 2⤊ 0⤋
Go here:
http://www.irs.gov/formspubs/lists/0,,id=97819,00.html
Download publication 501.
Note married and dependent are NOT the same.
Note: depending on the state you live in, you may already have a "common law" marriage - which entitles both of you to all of the benefits and limitation of marriage.
2007-11-17 04:22:09 · answer #4 · answered by Nigel M 6 · 0⤊ 0⤋
No, you cannot claim your girlfriend because she has earned over $3,400 for 2007, even though you have provided over half of her support.
If she lives with you all year, you provided over half of her support, and she had income under $3,400, then it might be possible for you to claim her as a dependent.
2007-11-17 09:34:40 · answer #5 · answered by ninasgramma 7 · 2⤊ 0⤋
Sounds like a common-law relationship, means you have been living together consecutively for 12 months, with no breakdown in the relationship.
But, only one of you can do the income tax forms for the year, claim her earnings on your income tax forms. She may have to do her own income tax forms. I would inquire about this at you local Income Tax office in your general area. Contact them and ask questions. If you file a false return there are consequences, including prison time.
2007-11-17 04:26:30 · answer #6 · answered by Anonymous · 0⤊ 5⤋
She could not be your dependent because she has more than $3,400 income. She may well meet all of the other tests for dependency.
2007-11-17 04:24:43 · answer #7 · answered by ? 6 · 4⤊ 1⤋
Is the insurance through work? Do they know that she isn't your dependent? I ask because the value of the health insurance for covering her is taxable income to you.
2007-11-17 04:32:51 · answer #8 · answered by Anonymous · 0⤊ 3⤋
No, since she earned more than $3,400.
2007-11-17 04:41:35 · answer #9 · answered by MukatA 6 · 3⤊ 0⤋
No you must be married or she must be disabled and you have been appointed as her legal guardian
2007-11-17 04:20:47 · answer #10 · answered by Jan Luv 7 · 0⤊ 5⤋