Fiance wants to use my son as dependant

[irsos]

Dependency Exemption

Ok. We talked about it and he called the certified accountant conferencing me in. The accountant stated: It's possible to claim somebody as a dependent if they live with you throughout the tax year, even if you are not related. I do not know who to beleive

Thanks!

The CPA is correct, but.... An individual (other than an individual who at any time during the taxable year was the spouse, determined without regard to section 7703, of the taxpayer) who, for the taxable year of the taxpayer, has the same principal place of abode as the taxpayer and is a member of the taxpayer’s household, who is not otherwise related - may qualify as a dependent. However, he must not be a qualifying individual for any other taxpayer. Therefore, if your income exceeds your fiance's, he is out of luck. There are a few other test that apply also. All the facts and circumstances must be analyzed.

Mike Wellman
[email protected]

 

[LdiJ]

The CPA is correct, but.... An individual (other than an individual who at any time during the taxable year was the spouse, determined without regard to section 7703, of the taxpayer) who, for the taxable year of the taxpayer, has the same principal place of abode as the taxpayer and is a member of the taxpayer’s household, who is not otherwise related - may qualify as a dependent. However, he must not be a qualifying individual for any other taxpayer. Therefore, if your income exceeds your fiance's, he is out of luck. There are a few other test that apply also. All the facts and circumstances must be analyzed.

Mike Wellman
[email protected]

I disagree slightly...its not necessary for your income to exceed your fiance's, or even for you to have any income at all. As long as your child is YOUR qualifying child, (or anyone else's qualifying child) your child cannot be the qualifying relative of your fiance.

 

[LdiJ]

I would like to add something.

You have posted your questions on more than one forum. Are you doing this because you are anxious to allow your fiance the opportunity to claim your child? Or are you doing this because your fiance is insisting upon claiming your child?.

If its your fiance that is insisting, then suggest that he consult with a local tax professional. That will straighten him out.

 

[irsos]

Dependency Exemption

I disagree slightly...its not necessary for your income to exceed your fiance's, or even for you to have any income at all. As long as your child is YOUR qualifying child, (or anyone else's qualifying child) your child cannot be the qualifying relative of your fiance.

After further thought - I agree. It is possible in theory but not so in this case.

Mike Wellman

 

[jetsetter]

To CourtClerk:

Quote:
Why on God's green earth would you want some "dude" to claim your child on his taxes. I can see it now, when you break up and go your seperate ways he continues to claim him. Now you have to fight with the IRS.

Thanks for advice. I completely agree with you, however in my case he is not just a "dude". We have been living together for 4 years and been engaged for a year.

 

[moburkes]

Why on God's green earth would you want some "dude" to claim your child on his taxes. I can see it now, when you break up and go your seperate ways he continues to claim him. Now you have to fight with the IRS.

Thanks for advice. I completely agree with you, however in my case he is not just a "dude". We have been living together for 4 years and been engaged for a year.

So, he is STILL just some DUDE. Why haven't you gotten married yet? You have NO LEGAL RELATIONSHIP with this person until you get married.

 

[jetsetter]

I would like to add something.

You have posted your questions on more than one forum. Are you doing this because you are anxious to allow your fiance the opportunity to claim your child? Or are you doing this because your fiance is insisting upon claiming your child?.

If its your fiance that is insisting, then suggest that he consult with a local tax professional. That will straighten him out.

LdiJ:
I am not anxious at all to allow him this. In fact we have been arguing over this lately. It is him who wants to claim him, as he states that we contribute equally to supporting my son, but I am the only one who enjoys the tax benefits. He makes more $ then me - he is the business owner (LLC) and sais that if he claims a dependant he will benefit greatly. And as I mentioned before - he did call HIS accountant and she was OK with it - which made me wonder what statutes of a TAX code the certified accountant is following. I would like to refer him to an appropriate IRS links to show him that it is, in fact, illegal, so that he can forget about it. For now at least.

 

[jetsetter]

The CPA is correct, but.... An individual (other than an individual who at any time during the taxable year was the spouse, determined without regard to section 7703, of the taxpayer) who, for the taxable year of the taxpayer, has the same principal place of abode as the taxpayer and is a member of the taxpayer’s household, who is not otherwise related - may qualify as a dependent. However, he must not be a qualifying individual for any other taxpayer. Therefore, if your income exceeds your fiance's, he is out of luck. There are a few other test that apply also. All the facts and circumstances must be analyzed.

Mike Wellman
[email protected]

So......are you saying that my fiance CAN legally claim my son?

 

[irsos]

Claiming Son

So......are you saying that my fiance CAN legally claim my son?

No, you are reading what you want to read. I am saying that what the CPA said is theoretically true - but not in your case. It is likely your boyfriend only provided certain details to the CPA. It does not really matter. He may not claim your son. Please refer to Code Section 152 at http://www.law.cornell.edu/uscode/uscode26/usc_sec_26_00000152----000-.html.

 

[jetsetter]

No, you are reading what you want to read. I am saying that what the CPA said is theoretically true - but not in your case. It is likely your boyfriend only provided certain details to the CPA. It does not really matter. He may not claim your son. Please refer to Code Section 152 at http://www.law.cornell.edu/uscode/uscode26/usc_sec_26_00000152----000-.html.

Thank you!!!

 

[moburkes]

Am I the only one who thinks that OP's fiance is going to make their married life very difficult?

 

[jetsetter]

Do you guys know how can I save a thread? I would like to save it for future references.
Also: this website is really great! Thank you all for your time. I know that everyone is a volunteer and wanted to let you know that it is greatly appreciated.

 

[jetsetter]

Am I the only one who thinks that OP's fiance is going to make their married life very difficult?

I appreciate your input, but what assumptions are you based on?

 

[moburkes]

I appreciate your input, but what assumptions are you based on?

No assumptions. Strictly YOUR WORDS.

 

[MyHouse]

Mo, I was thinking the same thing... I get the picture that the fiance is selfish and controlling. If they are in an honest and loving relationship, it should not matter that she is claiming HER child. She works and brings home $$$. If they are a couple living together and having a household together, then why is he obsessed with getting the tax break? I also get the idea that OP does not want to do this, and that is why she wants some solid information so she can get him off her back about it. I have lived with someone like this that was just relentless about getting his way. People like this will wear a person out and they will do whatever they want just so they will shut the hell up.