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    eet's Avatar
    eet Posts: 3, Reputation: 1
    New Member
    		  
    #1

    Jun 1, 2012, 12:43 PM
    Girlfriend with defaulted student load as dependent.
    I am single, work full time, and own my home. My girlfriend and her son live with me. She does not work and I support them both. She has a student loan in default. If I claim her and her son as dependants ( I support them both 100%, she has zero income, etc.), can the IRS take my tax refund because of her defaulted loan?
    AtlantaTaxExpert's Avatar
    AtlantaTaxExpert Posts: 21,836, Reputation: 846
    Senior Tax Expert
    		  
    #2

    Jun 1, 2012, 12:49 PM
    No, they cannot.

    The ability for the IRS to confiscate your refund applies ONLY IF you file jointly with her, something you CANNOT do because you are NOT married (unless you live ina state that recognizes common law marriages).

    Further, such confiscation CAN be avoided on joint returns if you claim Injured Spouse status.
    ebaines's Avatar
    ebaines Posts: 12,131, Reputation: 1307
    Expert
    		  
    #3

    Jun 1, 2012, 01:11 PM
    I agreee with ATE - claiming someone as a dependent for tax purposes does not somehow make you responsible for their debts.
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