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Can I claim her on my taxes?
Can I claim my unworking not in school girlfriend? I pay for everything and her parents will not be claiming her. she's 22 and so am I. basically... she's a housewife and i'm the bacon bringer lol.
clearly i cannot marry her... but thanks for that suggestion...
for everyone else: i make enough for her not to have to work... i never said she wasn't getting ready to go to school. she starts in feb.
and: we've been together and in the same house for five years. so she was def. living with me all 12 months of 2007.
another edit: there's no way I can pick a best answer so I'm leaving it up to voters. everyone who didn't say "you should marry her" or "no you can't" helped a ton! i found out that YES I CAN claim her :) thank you everyone! i gave the helpful ones thumbs up as did she :)
oh yeah... and don't answer questions you don't know the answers to! why the crap would someone answer a tax question with "you should marry her"... next time look at someones avatar before you blab something like that. when it's LEGAL everywhere I will marry her...
18 Answers
- Anonymous1 decade agoFavorite Answer
Nope, and why should you, you are just shacking up not legally married.
- 1 decade ago
Taxpayers may claim a dependent for a person who meets the criteria for a "qualifying relative".
To be claimed as a qualifying relative, the person must meet ALL of these criteria:
1. Not a qualifying child - The dependent cannot be a qualifying child of another taxpayer. If her parents DID decide to claim her, the qualifying child rules always take precedence over the qualifying relative rules. So if someone can claim a dependent using the qualifying child rules, then no one else can claim the same dependent using the qualifying relative rules.
2. The dependent must earn less than the personal exemption amount during the year. For 2007, this means the dependent earns less than $3,400. This would have to be proven through wage and earnings records.
3. Total Support – You provide more than half of the dependent's total support during the year. This would also have to be proven via sales receipts and other documentation.
4. Relationship – You must establish a relationship by either being genetically related to the dependent in one of a variety of ways, or, specifically referring to claiming a partner, you must establish through legal channels such as documentation,that he/she has lived with you for at least an entire year. Your relationship may not violate any local laws (polygamy, incest, etc.) either.
5. Citizenship - She must be a legal U.S. citizen or resident alien of the U.S., Canada, or Mexico.
6. If she is married, the dependent cannot file a joint return with his or her spouse.
- travelguruetteLv 61 decade ago
Rules for qualifying relative:
Not a qualifying child - The dependent cannot be a qualifying child of another taxpayer.
Gross Income – The dependent earns less than the personal exemption amount during the year. For 2007, this means the dependent earns less than $3,400.
Total Support – You provide more than half of the dependent's total support during the year.
Relationship – You are related to the dependent in certain ways.
Joint Return – If the dependent is married, the dependent cannot file a joint return with his or her spouse.
Citizenship – The dependent must be a citizen or resident alien of the United States, Canada, or Mexico.
- zealot144Lv 51 decade ago
Only of she's your wife, but she may in fact BE your wife. Check the common law marriage statutes in your state. In some cases, common law has been upheld in divorce proceedings when the couple had merely checked into a hotel as man and wife. In some states, declaration of marriage is all that's needed.
Unfortunately, declaration of divorce is not so simple in those same states. IF you claim her, get ready to share your property when she moves out. IF you eventually formalize the marriage, that issue would be moot.
IF you marry her legally on Dec. 31st, and divorce her legally on Jan. 2nd, you can claim her for a full year if no other person claims her for any part of that year. If you can do this cheaply enough, it might be worth the effort. However, this walks a very narrow line between tax AVOIDANCE and tax EVASION, so, consult a good accountant or an attorney beforehand.
How much do you earn, by the way? You may not have enough income for the issue to be significant.
- JudyLv 71 decade ago
Lots of wrong answers here, as usual when this question gets asked.
You can claim her if
she lived with you all year (you said she did)
her gross income for the year is under $3400 (also OK)
you provided over half of her support for the year (sounds like you do)
and your relationship isn't illegal under state or local law or ordinance - here's the one to watch out for. Believe it or not, there are still a lot of places in the US with laws on the books against cohabitation by unmarried couples. If your area has one on the books, even though it isn't enforced any more, then you can't claim her.
- Anonymous1 decade ago
talk to your accountant but if your supporting her then probably you can claim her as an adult dependant. but since a MAN would never get away with having a woman do the same thing for her make her lazy butt get a JOB. this is the age of affirmative action! the gov just signed a whole load of protection laws for gays and lesbians! why aren't you insulted she doesn't at least work part time??
PS: NONE of us can screw with the irs and live to tell the tale. PLEASE before you do anything talk to an accountant. you can even call the IRS they will tell you who you can claim as a dependant. this will be on their website as well.
" yes im crazy enough to mess with batman. but the irs? Noooooooooooooooo!" the joker - batman beyond.
- Anonymous1 decade ago
See what it takes to be a qualifying relative on Page 10
Source(s): http://www.irs.gov/pub/irs-pdf/p501.pdf - 1 decade ago
To my best knowledge, you have to be legally married to her to claim her on your taxes. Perhaps you should consider marrying her soon.....:)
- beastLv 41 decade ago
if you can prove that you provide OVER 50% of her living expenses you can claim her as a dependent regardless of age - on your checks (check with your employer) but you would have to check with your accountant about claiming on taxes
Source(s): I was unemployed and living at mom's for a while at 29 and she was able to claim me as a dependent because she provided over 50% of my living expenses - Anonymous1 decade ago
4 correct answers out of 13. *sigh*
Don't forget the local law rule.