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Need advice about taxes for a couple where one person is disabled, how to maximize?

Author :

Submitted : 2018-06-15 06:38:54    Popularity:     

Tags: couple  taxes  advice  maximize  disabled  

My boyfriend and I have been together 3 years but he doesn t want to get married. I have bipolar disorder and have had job troubles for several years because of it. I keep getting fired for low productivity even though I am doing the absolute best I can

Answers:

First off - he has no right to claim you on his taxes. You are NOT his dependent. If you were disabled or just unemployed, you would still not be his dependent. Boyfriend-girlfriend is not a recognized union, making you family, in any state in the U.S.
Any year in which you earned $4,000 or more, you fail the test for being a qualified person he can take the dependent exemption for. If you earned less than $4,000 in 2017, read Publication 501 to see what the other tests are for 'Qualified person'.
If you made over $4000 for the year, he cannot claim you as a dependent. If he does not pay over half your living expenses, he cannot claim you.
Pa

First off - he has no right to claim you on his taxes. You are NOT his dependent. If you were disabled or just unemployed, you would still not be his dependent. Boyfriend-girlfriend is not a recognized union, making you family, in any state in the U.S. Secondly, your inability to keep up with the workload is not because of your bipolar. Bipolar is not considered a disability. There are lawyers with it that do very well. I've known them, as well as a successful realtor. You are not disabled so I suggest you not waste your time. Find a job that is less demanding. You cannot file jointly if you have a common law marriage in your state. That relationship only comes into play if you split up. You will still need to file your taxes independently.

there are two things with your post--first of all not all states have the same laws about common law, ie in Calif there is NO common law, to able to file tax returns jointly the couple has to be registered as domestic partners with the Secretary of State
if the state you are in has a common law law if you comply the law was passed with IRS that you can file jointly if your state recognizes the relationship
the other option is you live in his household the entire year, you do not earn your standard deduction, he provides more than 50% of your support and you cannot be claimed on another tax return he can claim you as a dependent
SSDI will not be taxable to you until you reach the age you are entitled to SS

Its better to file as single for 2017 because filing jointly would be tax fraud. You were not legally married on December 31 2017. Also, "head of household" is off limits because it would require a "closely related" dependent and you obviously aren't closely related if you are BF/GF.

The only question to be determined for 2017 is whether or not you qualify as his dependent. This is not a question where you get to choose the option that gives you the biggest refund, its a question that is determined by facts and the law and that's the only legal way you can file.

You are his dependent if ALL of the following are true:
1. You lived in his home ALL of 2017 (partial year is not adequate even if its more than half of the year).

2. He provided more than half of your financial support (providing housing is a big part of financial support, so if he pays the rent and utility bills then he probably meets this test).

3. Your income was less than $4050.

4. Your relationship and co-habitation does not violate any local laws - even though these laws are no longer enforced, some locations still have laws against unmarried cohabitation and that is enough to prohibit him from claiming you.

If you are his dependent then he puts your name and SS# in the dependency section of his return and he gets an extra exemption. This reduces his taxable income by $4050 but the amount he actually saves on taxes would depend on his tax bracket.

You would file your own return and indicate that you can be claimed as a dependent - you would NOT claim a personal exemption for yourself. This won't hurt you becasue if you are dependent with income below $4050 you will get all of your tax withholding refunded anyway.

If you do not meet those rules then you're not his dependent, you each file your own return claiming only your own personal exemptions.

In any case, both of you are "SINGLE" for filing status and your disability does not come into the equation.

!. You can't file jointly unless you ARE married. No 'as if'.

2. Any year in which you earned $4,000 or more, you fail the test for being a qualified person he can take the dependent exemption for. If you earned less than $4,000 in 2017, read Publication 501 to see what the other tests are for 'Qualified person'.

For this year (filing in 2019) and beyond it will no longer matter. The dependent exemption is gone. His standard deduction will increase to $12,000 from the current $6,350. If you got married, your joint standard deduction would be $24,000.

You are neither formally married nor common law married...not a dependent or a spouse...

You cannot file jointly it's illegal.

You are not common law married, so you cannot file as such.

If you made over $4000 for the year, he cannot claim you as a dependent. If he does not pay over half your living expenses, he cannot claim you.

IRS.gov



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