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Tenn. tax question please ? Tennessee

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  • Tenn. tax question please ? Tennessee

    My gf and I have been liveing togather for over 6 years now and I have been out of work for over 2 years and she has payed all the bills, I have o income can she clame me on her taxes and if so what form would she use? Thanks for any info. we live in tn. and sorry if in the wrong post place

  • #2
    No. To qualify as a dependent, the individual must be a child or qualifying relative.
    http://www.irs.gov/pub/irs-pdf/p17.pdf
    I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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    • #3
      I am going to give a different answer. I am not sure that I am correct, but I have heard a different answer in context of an entirely different situation. There is a common discussion about same sex domestic partners (DP). There is a federal law called DOMA (Defense of Marriage Act) that says that a "spouse" cannot be a person of the same sex (yes, I understand that this is not your issue, but I am getting to your issue).

      The next step legally is looking at the actual law for dependents, which is IRC (Internal Revenue Code) section 152, rule #9. I am going to cite the exact rule, but I have included a pointer to the actual law. While I am not disagreeing with Patty saying that the IRS form says what it says, the actual law does not say the same thing. More importantly, IRS apparently issued an letter ruling (#9603011) that it was legally possible for a domestic partner to be a Dependant under the IRC 152, rule #9 exception. And that IRS very specifically did not say that the domestic partner had to be of the same sex.
      http://www.fourmilab.ch/ustax/www/t26-A-1-B-V-152.html

      (9) 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 as his principal place of abode the home of the taxpayer and is a member of the taxpayer's household.
      Now, I am not a 1040 expert or a TN expert. I am familiar with payroll law and rules only. I have seen several articles about the IRC 152, rule #9 exception from some major labor law exceptions. Enough to have a strong feeling that this is a real rule and not some Internet B.S. I do not have a copy of the letter ruling, but have read several articles referencing exactly the same reference number and discussing the contents of the letter.

      That is all that I have for you.
      "Reality is that which, when you stop believing in it, doesn't go away".
      Philip K. **** (1928-1982)

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      • #4
        The correct answer is kind of simple:

        You meet the standards to be a qualifying relative (even though you are not actually a relative) because:

        1) You lived with and were supported by her for the entire year, and
        2) You earned less than 3650.00.

        Therefore yes, she can claim you as a dependent.

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        • #5
          Ok thanks guys, U would think she could but if not I will get back and let others know that may have the same deal. so I will get back 2 u all later,thanks

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