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3 Answers

Can I claim my Girlfriend as a dependent?

Asked by: minchk 1696 views YA Discussion

I have two apartments in my name and my girlfriend lived at one of them all of last year. I was wondering if I could claim her as a dependent? She is under 24 and has a job, but I pay the rent at both places and utilities.

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3 Answers

  1. Bostonian In MO on Feb 26, 2013 Reply

    Unless YOU lived in the same apartment, you can’t claim her.

    If her gross income was more than $ 3,800, you can’t claim her.

    Paying rent and utilities alone is not enough. You must provide more than half of her total support for the entire year.

    You can claim an unrelated person as a dependent under the Qualifying Relative rule if ALL of the following conditions are met:

    1. The person is a US citizen or resident of the US, Canada or Mexico.

    2. The person is not the Qualifying Child of another taxpayer.

    3. The person does not file a joint return with another taxpayer.

    4. The person lived in your home for the entire tax year. (The IRS interpretation of this means under the same roof as you, not in another home that you happen to own or rent.)

    5. The person had less than the personal exemption amount ($ 3,800 for 2012) in gross income (excluding only non-taxable Social Security) for the entire year. Gross income includes all income from all sources before any deductions whatsoever, including normal business expense deductions.

    6. The person received more than 50% of their total support from you for the entire year.

    7. There is no state law or local law or ordinance that prohibits cohabitation. Any such law or ordinance, even if unenforced, kills the exemption. Mississippi, Virginia, West Virginia, Florida, North Dakota and Michigan still have laws that prohibit cohabitation as do a number of cities, towns and counties throughout the country.

    If you can claim the person, you only get the exemption. No Head of Household filing status, no EIC, no Child Tax Credit, etc.

    See IRS Pub 501 http://www.irs.gov/pub/irs-pdf/p501.pdf for more information.

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  2. Richard Anderson on Feb 27, 2013 Reply

    Sure, she can write to you in prison when the IRS audits you. Of course you can’t claim your girlfriend as a dependent.

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  3. Ryan M on Feb 27, 2013 Reply

    Absolutely not in your case.

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