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    midnite1985's Avatar
    midnite1985 Posts: 2, Reputation: 1
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    #1

    Jan 13, 2008, 06:58 PM
    Claiming a dependent
    I live in Ohio and am a lesbian with a fiancé whom I have been supporting for the last 8 months, can I claim her as a dependent? And if I am able to claim her as a dependent would I get more money back that way or if we filed separately? Domestic partnership is available for gays in toledo now do we have to file for domestic partnership to have me claim her as a dependent?
    twinkiedooter's Avatar
    twinkiedooter Posts: 12,172, Reputation: 1054
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    #2

    Jan 13, 2008, 07:12 PM
    Is she a US citizen and did she earn any money in 2007?
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #3

    Jan 13, 2008, 07:23 PM
    The IRS still does not reconise domestic partners to file jointly. I do not believe they meet the requirements for a dependent.

    The trouble in these issues, is that to the IRS there is no difference than just being a boyfriend and girl friend who are living together.

    This is why I have been a big advocate of a flat tax or an sales tax instead of our current tax system, To do away with the unfair way certain classes of people are treated.
    AtlantaTaxExpert's Avatar
    AtlantaTaxExpert Posts: 21,836, Reputation: 846
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    #4

    Jan 13, 2008, 10:02 PM
    Fr Chuck:

    Domestic partnerships are NOT marriages, so the IRS will NOT accept a joint filing. However, Massachusetts allows gay marriages, and I believe the IRS DOES accept that.

    That said...

    Midnite:

    Sorry, you cannot claim her as a dependent; she has to live with you the ENTIRE year, not just 8 months, AND she cannot have earned more than $3,400. Most people get at least that much from unemployment.
    midnite1985's Avatar
    midnite1985 Posts: 2, Reputation: 1
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    #5

    Jan 13, 2008, 10:14 PM
    Quote Originally Posted by AtlantaTaxExpert
    Fr Chuck:

    Domestic partnerships are NOT marriages, so the IRS will NOT accept a joint filing. However, Massachusetts allows gay marriages, and I believe the IRS DOES accept that.

    That said...

    Midnite:

    Sorry, you cannot claim her as a dependent; she has to live with you the ENTIRE year, not just 8 months, AND she cannot have earned more than $3,400. Most people get at least that much from unemployment.

    Well she has lived with me for about 2yrs now and she couldn't collect unemployment because she quit her job.
    MukatA's Avatar
    MukatA Posts: 7,110, Reputation: 176
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    #6

    Jan 14, 2008, 05:27 AM
    These are the requirements:
    1. The person either must live with you all year as a member of your household (and your relationship must not violate local law).
    2. The person's gross income for the year must be less than $3,400.
    3. You must provide more than half of the person's total support for the year.
    twinkiedooter's Avatar
    twinkiedooter Posts: 12,172, Reputation: 1054
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    #7

    Jan 14, 2008, 12:16 PM
    The lady must be a US citizen for you to be able to claim her as a dependent. You will have to file single and list her as a dependent. If you've supported her for 8 months and she lived with you the entire year, then you're in the clear. At this time there is no domestic partnership thing in Ohio to enable you to do a joint filing.
    AtlantaTaxExpert's Avatar
    AtlantaTaxExpert Posts: 21,836, Reputation: 846
    Senior Tax Expert
    		  
    #8

    Jan 14, 2008, 02:13 PM
    Twinkedooter:

    The fact that she supported her for ONLY 8 months will probably keep her from claiming her as a dependent because of the low ($3,400) gross income requirement.

    If she supported her for 8 months, that MUST mean she supported herself for four months.

    Four months equals 17 weeks. Assuming she worked at a minimum wage job @ about $6.50 per hour, she earned $260 a week. $260 times 17 is $4,420, over $1,000 too much.

    Simple grade school math!
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