Legal Question in Tax Law in California

Can I claim disabled fiance as a dependant?

Hello! Ive gone through turbotax and have figured out that we meet most of the criteria. The only thing im not clear about is the providing over 50% support part. We split our rent and bills, so its really close to 50%.

I think I could have provided more than 50% but its so close I dont want to get in trouble especially because I dont really have receipts for things like groceries, etc that probably put me over 50%.

Is it probably not worth attempting to claim her?


Asked on 1/25/08, 6:01 am

1 Answer from Attorneys
Jeb Burton The Burton Law Firm

Re: Can I claim disabled fiance as a dependant?

A little confused here... If you are splitting the bills I assume she has some source of income. If she is receiving income, then she has to file tax returns. If you claim her as a dependant, then she has to mark the box saying that someone else is claiming her, meaning that she loses her deduction. You both can't claim her deduction.

Second issue, it does not sound as if you are paying 50% of her support. You might be paying a little over 50% of the two of yours bills, but not 50% of her part of the bills (meaning that you would be paying 75% of her food, clothing, house, and all other expenses). Frankly, I think you are a little confused about the tax code and might seriously consider having a CPA/Tax Preparer look over your return before you file it.

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Answered on 1/25/08, 11:36 am


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