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can my boyfriend claim me as a dependent on his 2012 taxes?

Asked by: proffr 1292 views YA Discussion

My boyfriend and i live in washington state and have lived together for most of 2011, all of 2012, into 2013. I don’t work, i take care of the home, and he provides for me financially. I’m pretty sure i qualify to be claimed as his dependent but i’m a bit confused. What i’ve read says he can’t claim me if our relationship breaks state laws about cohabitation. I don’t believe we do but washington has something called a meretricious relationship. We don’t break this type of relationship but we don’t qualify either. Does that count? or matter? also, would he still file as single? Also, we live in the downstairs of his parents house. Not sure if that matters, since he’s been filing his own taxes for 3 years and they don’t provide financially for me in any way. Sorry for all the questions together but i can’t seem to get any straight answers. If someone does answer, thank you for the time and info.

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4 Answers

  1. Kathleen on Jan 17, 2013 Reply

    No, you would not be classified as his dependent. If you need more specific information contact the IRS.

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  2. rtfm on Jan 17, 2013 Reply

    The requirements for his claiming an unrelated dependent are: You must be a US citizen, must live in his home for the ENTIRE year, you cannot be claimed as a dependent on anyone else’s tax return, you must earn less than $ 3800, he must provide more than half your support, and your living together cannot violate local law. (Washington does not have any laws against cohabitation.)

    The one that you may not qualify for is the support test. You live in his parents’ home — so does your boyfriend actually pay fair market value rent for your apartment, plus your share of heat, electric, cable, phone, internet, groceries, medical, transportation, and all other expenses?

    And yes, he still files as single, since you’re not married.

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  3. Bash Limpbutt's Oozing Cyst© on Jan 17, 2013 Reply

    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.

    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. (Therefore he would file as Single.)

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

    Note: The WA Meretricious Relationship law has nothing to do with taxation. Also note that if his parents can claim him as a dependent (it does not look like they can, but you have not given enough information to make that call conclusively) he cannot claim any dependents himself.

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  4. Bobbie on Jan 17, 2013 Reply

    NOT when he would still be a dependent of parents while still attending school full time during any 5 month period of the 2012 tax year and then for sure he would NOT be able to qualify to claim you at all and either way his filing status would have to be as a single taxpayer for this purpose and time in his life.
    Hope that you find the above enclosed information useful. 01/17/2013

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