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Can I claim my boyfriend on my taxes?

Disability Insurance News & Discussion

Can I claim my boyfriend on my taxes?

Postby mardon31 » Thu Aug 08, 2013 9:32 pm

My boyfriend is on permanent disability due to a back injury and brings in 900$ a month. I make about 3x that. I live in his condo with him. I pay a good portion of the bills. bought him a truck etc. I definitely support him more than 50%. In fact he ends up with more of my money than I do. He definitely depends on me in the technical sense. but can I claim him as a dependent?
My mom claimed me as a dependent last year even though I was 18, had been moved out for over a year, I made over $10000 that year, and had been supporting myself for several. She was able to claim me as a dependent and got a ton of money back because she did even though I technically made too much money for her to do so. I know my boyfriend makes over the ~3600$ limit, but it's through disability. What would be the best way to go about this?
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Can I claim my boyfriend on my taxes?

Postby bainbridge76 » Thu Aug 08, 2013 9:36 pm

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, $3,900 for 2013) 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. If the source of his disability is anything but Social Security you cannot claim him.

6. The person received more than 50% of their total support from you for the entire year. Even with your higher income, this test may not be met once the fair rental value of his condo is factored in. If it would rent for $2,000 a month, you don't provide more than half of his total support.

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. You definitely would not get a "ton of money." Your tax savings would be around $585 or less.

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

Edit: Your marital status on Dec 31 determines your marital status for the entire year. Therefore if you marry on or before Dec 31, 2013, you would be considered married for all of 2013 and would almost certainly file a joint return which would save the most tax by far. You would not claim him as a dependent as a spouse is NEVER a dependent.

Again, the source of his disability income is critical if you are not married by Dec 31, 2013. The law is very specific. ONLY non-taxable Social Security counts. Anything else -- SSI, private disability insurance, welfare, state disability insurance, etc. -- disqualifies him as a dependent.

See the support worksheet in IRS Pub 501 (linked above) to see if the support test is met. I believe that it's now on page 15. Don't forget the fair rental value of his home! The IRS audits these claims fairly frequently, so have that worksheet completed and receipts on hand to back up your numbers.
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Can I claim my boyfriend on my taxes?

Postby ozzi » Thu Aug 08, 2013 9:53 pm

You're welcome. TFTP.
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Can I claim my boyfriend on my taxes?

Postby gualterio » Thu Aug 08, 2013 10:02 pm

I assume you make $2,700 a month, or $32,400 a year and bf's SSDI is $10,800 a year.

See other answers for the detailed rules, but if you have lived together all year, and you provide over 50% of his support, and you also have supported yourself, then you can claim yourself and your bf.

Claiming your bf will give you an additional $3,900 deduction from your income subject to tax. If you are in the 15% tax bracket, this means a reduction in tax of $585.

If you and bf were to marry before the end of the year, and you file together as a married couple, then some of his SSDI is going to be taxed, about $5,000, maybe a bit more. Your additional deduction compared to the first scenario is $6,100 (or a total of $10K more than if you do not file with him). This will pretty much wipes out the tax benefits of filing together versus not getting married and you claiming him as a dependent. It's pretty much a toss-up.

If you marry and do not file together, then 85% of his SSDI is going to be taxed.
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Can I claim my boyfriend on my taxes?

Postby beartlaidh » Thu Aug 08, 2013 10:09 pm

You have to live with him the entire year. Provide more than half his support. The 3600 (is wrong but close the number is whatever the personal exemption is for the current year) is earnings and disability is not earnings but disability counts towards support.



Qualifying Relative


Four tests must be met for a person to be your qualifying relative. The four tests are:

1.
Not a qualifying child test,

2.
Member of household or relationship test, - live with you the entire year

3.
Gross income test, and - earned income -Gross income is all income in the form of money, property, and services that is not exempt from tax

4.
Support test. - the disability -http://www.irs.gov/publications/p17/ch03.html#en_US_2012_publink1000171012 support worksheet
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Can I claim my boyfriend on my taxes?

Postby ferdinando17 » Thu Aug 08, 2013 10:13 pm

If you pay over half his support (you must SPEND more to support him than he gets in disability).

Buying him a truck isnt' supporting him it's buying him a present.

If you get married, you don't claim him, you file a joint return. You NEVER claim a spouse as a dependent. You can only file married for 2013 if you are married on 12/31/13 (not get married that day, but married as of that day).
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Can I claim my boyfriend on my taxes?

Postby gunter » Thu Aug 08, 2013 10:20 pm

If you pay over half his support (you must SPEND more to support him than he gets in disability).

Buying him a truck isnt' supporting him it's buying him a present.

If you get married, you don't claim him, you file a joint return. You NEVER claim a spouse as a dependent. You can only file married for 2013 if you are married on 12/31/13 (not get married that day, but married as of that day).
if his disability is taxable(and likely is) you cannot claim him, he has too much income
and yes, if you got married that would solve the tax dilemma you face
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Can I claim my boyfriend on my taxes?

Postby peppino » Thu Aug 08, 2013 10:21 pm

You can claim anything you want; if THEY are YOUR taxes...? Are they YOUR taxes (confession / testiMONY)... well, I'll stop there, but are you a TAX -PAY OR? You must really really know what you are asking Hun , I'm not trying to be cute, just prompt you to think about the words and statements you are making.... I'm just asking questions and nit giving tax it legal advice. But in the "le gal" world where admission of perjury is not a constitutional favor, you probably cannot..... Be sweet, live in love, serve others, peace.
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Can I claim my boyfriend on my taxes?

Postby comyn » Thu Aug 08, 2013 10:23 pm

No. Once he makes over $3,600 per year, he cannot be claimed by you. It sounds as though your mother might have gotten a refund incorrectly.
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Can I claim my boyfriend on my taxes?

Postby earle » Thu Aug 08, 2013 10:27 pm

No you cannot. If you want his standard deduction, you are going to have to marry the guy!
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