Tax question - claim fiance as dependant?

[BoomerD]

It's not likely that the fiance can be claimed as your dependent.

She definitely doesn't meet the qualifying child requirements, and if she made more than $3500 during the year, she doesn't meet the qualifying relative requirements either.

You don't qualify to be Head of Household.



http://www.irs.gov/pub/irs-pdf/p501.pdf
(see pg. 11 qualifying relative)

 

[Born2bwire]

Absolutely not.

Here is where you fucked yourself:



Here is why you fucked yourself:

http://www.leg.state.fl.us/STATUTES...itle=-%3E2009->Ch0798->Section 01#0798.01

Specifically 798.01 of the Florida Statutes:
Specifically 798.02 of the Florida Statutes:

You are living with a member of the opposite sex, who is not your wife.

Refer to:

http://en.wikipedia.org/wiki/Adultery
http://www.google.com/search?q=defi...s=org.mozilla:en-US:official&client=firefox-a


Whereas in most states cohabitation is perfectly fine - it is a MISDEMEANOR in Florida to live with your fiancee before marriage.

The IRS DOES allow you to claim your fiancee as a dependent in any state where the living situation is legal.

In Florida it is illegal to live with someone to whom you are not married.

Thus you may not claim your fiancee as a dependent. Get thee to the courthouse before 31 Dec and marry her to reduce your tax burden.

Stay classy Bob Dole, by the way though, how exactly are they in an adulterous relationship?

 

[Mill]

Stay classy Bob Dole, by the way though, how exactly are they in an adulerous relationship?

He's right. You cannot claim someone if the relationship violates local law.

 

[Born2bwire]

He's right. You cannot claim someone if the relationship violates local law.

Which one of them is married though?

 

[Mill]

It's not likely that the fiance can be claimed as your dependent.

She definitely doesn't meet the qualifying child requirements, and if she made more than $3500 during the year, she doesn't meet the qualifying relative requirements either.

You don't qualify to be Head of Household.



http://www.irs.gov/pub/irs-pdf/p501.pdf
(see pg. 11 qualifying relative)

She'd be one if he lived with her all year and their relationship did not violate local law (not saying it does).

 

[bobdole369]

As if this didn't define premarital cohabitation as illegal in FL:

798.02 Lewd and lascivious behavior.--If any man and woman, not being married to each other, lewdly and lasciviously associate and cohabit together, or if any man or woman, married or unmarried, engages in open and gross lewdness and lascivious behavior, they shall be guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.

This certainly does:

798.01 Living in open adultery.--Whoever lives in an open state of adultery shall be guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083. Where either of the parties living in an open state of adultery is married, both parties so living shall be deemed to be guilty of the offense provided for in this section.

As the judge in any case would likely throw this out - we must defer to the local "standard" for a definition - thus the above links to google definitions and wikipedia for "adultery", which define any unmarried person cohabitating - i.e. living as man and wife.

Florida is one (if not the only) state that still prohibits premarital cohabitation, thus local law prohibits the relationship and OP cannot claim the fiancee as a dependent.

Which one of them is married though?

Doesn't have to be. Just a state of being "unmarried" or not married to each other is enough for an "adultery" definition. Besides 798.02 spelled it out.

Stay classy Bob Dole, by the way though, how exactly are they in an adulterous relationship?

Read above.
Doncha love the sunshine state?

 

[fbrdphreak]

Thanks for all the input folks. Having a legal marriage done and saving the full ceremony for later isn't an option right now, but I do know it exists

 

[Born2bwire]

But that requires lewd and lascivious behavior. Members of the opposite sex cohabitating does not just automatically satisfy this. I have not been able to find a legal definition of adultery for florida that allowed both parties to be unmarried.

 

[fbrdphreak]

Doncha love the sunshine state?

Hell, damn and crap NO.

 

[BoomerD]

She'd be one if he lived with her all year and their relationship did not violate local law (not saying it does).

She'd be the one what? There's no mention of a child, so she doesn't qualify as Head of Household, and since he's working, (even 1099 wages count) he makes too much to qualify as HER qualifying relative.

Both will have to file single.

 

[Mill]

You are looking at probably not paying very much even if you have to pay. Do you normally get a refund? How much is it? You can look at a tax table and see what you are likely to pay on that 10k+ of extra income. I have the idea that it would be less than 2000 grand if even that. Again, do your Schedule A right (if it is advantageous) and your Schedule C and you should not be in too much trouble. Again, I reiterate you would waste money on paying someone for tax advice. So much is free on the net... but it makes me happy (and gives me plenty of money) that so many people are unwilling to do any work on their own taxes.

 

[Mill]

She'd be the one what? There's no mention of a child, so she doesn't qualify as Head of Household, and since he's working, (even 1099 wages count) he makes too much to qualify as HER qualifying relative.

Both will have to file single.

She could be a qualifying relative for him had she lived with him the entire year and made less than 3500 (believe it is 3600 for 2009) and they did not live in Florida. He COULD claim her as a dependent IF she meets the tests (which she does not because she did not live with him for a year and they live in Florida). He did not list her income

She cannot qualify him for HOH regardless of where they live unless it was for the entire year. These are different ideas. She can be a dependent but not qualify him for HOH. They are not the same thing. If their relationship did not violate local law (say they lived in Alabama) and they lived together for a year... he could claim her as a dependent. He cannot use her to obtain HOH status unless they marry.

 

[BoomerD]

She could be a qualifying relative for him had she lived with him the entire year and made less than 3500 (believe it is 3600 for 2009) and they did not live in Florida. He COULD claim her as a dependent IF she meets the tests (which she does not because she did not live with him for a year and they live in Florida). He did not list her income

She cannot qualify him for HOH regardless of where they live unless it was for the entire year. These are different ideas. She can be a dependent but not qualify him for HOH. They are not the same thing. If their relationship did not violate local law (say they lived in Alabama) and they lived together for a year... he could claim her as a dependent. He cannot use her to obtain HOH status unless they marry.

In the first part of this, it sounds like we're arguing the same side of the same point...From his OP, I'm presuming she made more than $3500, (or 3600 if that's the new number) so she won't be a qualifying relative. That's what I said in my first post.
Doesn't matter where they live, he can't be Head of Household without a qualifying child.

(see page 7 in the link I posted above, also, page 9, qualifying person.)

 

[Mill]

In the first part of this, it sounds like we're arguing the same side of the same point...From his OP, I'm presuming she made more than $3500, (or 3600 if that's the new number) so she won't be a qualifying relative. That's what I said in my first post.
Doesn't matter where they live, he can't be Head of Household without a qualifying child.

(see page 7 in the link I posted above, also, page 9, qualifying person.)

You can be Head of Household with a qualifying relative. It does not have to be a qualifying child. She does not meet the test however because she is unrelated to him. She can be a qualifying relative to be a dependent but not for HOH. HOH requires it to be a relative.

 

[BoomerD]

You can be Head of Household with a qualifying relative. It does not have to be a qualifying child. She does not meet the test however because she is unrelated to him. She can be a qualifying relative to be a dependent but not for HOH. HOH requires it to be a relative.

Agreed.

 

[fbrdphreak]

Thanks for hashing that out fellas.

 

[JulesMaximus]

She could be a qualifying relative for him had she lived with him the entire year and made less than 3500 (believe it is 3600 for 2009) and they did not live in Florida. He COULD claim her as a dependent IF she meets the tests (which she does not because she did not live with him for a year and they live in Florida). He did not list her income

She cannot qualify him for HOH regardless of where they live unless it was for the entire year. These are different ideas. She can be a dependent but not qualify him for HOH. They are not the same thing. If their relationship did not violate local law (say they lived in Alabama) and they lived together for a year... he could claim her as a dependent. He cannot use her to obtain HOH status unless they marry.

Wrong. The only way he could qualify for HOH if he was married is if she did not live with him for the second half of the year and was not living with him as of December 31st AND he had a qualifying child or relative that he was supporting.

The only filing status he qualifies for is Single.

 

[bobdole369]

This is simple:

Read the statutes. No definition of lewd nor lascivious exist anywhere in the statutes, so what would happen is the judge or jury would open the dictionary:

http://en.wikipedia.org/wiki/Lewd

Note:

Lascivious is not limited to pornography, however. For example, lascivious cohabitation refers to a mostly archaic crime of living with a member of the opposite sex, and having sexual intercourse with him or her without first entering a legal or religious marriage.

There is your definition. Cohabitation without marriage is lascivious in and of itself.

Anyone else care to challenge this archaic ass law that use to read:

"Any negro man and white woman, or any white man and negro woman, who are not married to each other, who shall habitually live in and occupy in the nighttime the same room shall each be punished by imprisonment not exceeding twelve months, or by fine not exceeding five hundred dollars " (overturned by FL Supreme court in 1964: "McLaughin v. State of Florida 379 U.S. 184, 85 S.Ct. 283 (Dec. 7, 1964)"

798.02 and 798.01 are most often used by husbands seeking divorce and wishing to avoid paying alimony to the wife who is now shacking up with another dude.

 

[JulesMaximus]

Edited for accuracy

Personal Exemptions

You are generally allowed one exemption for yourself and, if you are married, one exemption for your spouse. These are called personal exempltions.

Your Own Exemption

You can take one exemption for yourself unless you can be claimed as a dependent by another taxpayer. If another taxpayer is entitled to claim you as a dependent, you cannot take an exemption for yourself even if the other taxpayer does not actually claim you as a dependent.

Your Spouse’s Exemption

Your spouse is never considered your dependent.

Overview of the Rules for Claiming an Exemption for a Dependent.

· You cannot claim any dependents if you, or your spouse if filing jointly, could be claimed as a dependent by another taxpayer.

· You cannot claim a married person who files a joint return as a dependent unless that joint return is only a claim for refund and there would be no tax liability for either spouse on separate returns.

· You cannot claim a person as a dependent unless that person is a U.S. citizen, U.S. resident alien, U.S. national, or a resident of Canada or Mexico, for some part of the year.

· You cannot claim a person as a dependent unless that person is your qualifying child or qualifying relative.

He could claim an EXEMPTION for his fiance if the relationship did not violate local law and she meets the income requirements (which I'm not sure the OP's fiance does) and as long as he has provided more than half of her support for the year (which I'm also not sure the OP has done).

No way he could file HOH though under any circumstances.

 

[bobdole369]

I see what I did there. Replace "dependent" with "to get an exemption".

Here we go:

Test for qualifying "relative" - note that a qualifying relative doesn't need to be related to you, but must pass all 4 parts of the test:

1. The person cannot be your qualifying child or the qualifying child of any other taxpayer.

2. The person either (a) must be related to you in one of the ways listed under Relatives who do not have to live with you, or (b) must live with you all year as a member of your household2 (and your relationship must not violate local law).

3. The person's gross income for the year must be less than $3,500.

4. You must provide more than half of the person's total support for the year.

Test 2, subpart b defines a "qualifying relative" as someone who lives as a member of your household all year long. Thus you CAN claim a fiancee as an exemption.

If you read further you see that the IRS DOES indeed care about your local statute regarding cohabitation with respect to allowing an exemption to be made for the fiancee. The living situation must not violate local law, which in the state of Florida - cohabiting unmarried persons do.

 

[JulesMaximus]

You are correct, I edited my post for accuracy.

 

[Mill]

Wrong. The only way he could qualify for HOH if he was married is if she did not live with him for the second half of the year and was not living with him as of December 31st AND he had a qualifying child or relative that he was supporting.

The only filing status he qualifies for is Single.

I answer a lot of tax questions at various plays. I thought she (the fiance) had a son for some odd reason. I am sorry, you are completely correct. What I meant to say was that marriage is the only thing that can improve his filing status (MFJ). He can only do single at this point. My apologies.

 

[Mill]

You are correct, I edited my post for accuracy.

It all runs together after awhile.

 

[fbrdphreak]

For clarity:

*She has made more than $3500 this year
*No children
*I have supported her for greater than half the year

 

[JulesMaximus]

For clarity:

*She has made more than $3500 this year
*No children
*I have supported her for greater than half the year

As I said earlier. You will want to file a schedule C for your business income and deduct as many legitimate business expenses as you possibly can. If you bought a pen, deduct it, if you drove to the job site, deduct the mileage, if you use your cell phone for this business, deduct it, if you met with a client over dinner and discussed business and you paid for it, deduct it.

You cannot file head of household and you cannot claim a dependent exemption for your fiance based on her income. The legality of you living with her is kind of gray area as far as I'm concerned and I doubt the IRS would pursue it but regardless, your fiance's income precludes you from claiming her as an exemption on your tax return...she will need to file her own tax return.