View Full Version : Can you claim your Boyfriend on Taxes while he is in prison in Texas


SarahAshley
10-22-2004, 09:56 PM
I have a question. Can you claim your bf on your taxes as a dependant if he is in jail...He has only been in since the end of Sept & I'm sending him money every two weeks...He lived with me before he went in & he didn't have a job...Is this possible? Thanks for you help

SadosGIRL97
10-22-2004, 10:05 PM
i tried doing that last year but i think u have to be married to do so and i wasn't at the time. i might be wrong ... this year we got married so im going to try it.

dazzler
10-22-2004, 10:11 PM
If you look in the tax information booklet that comes yearly there is a section for dependants and who you can claim. There is a short test to tell if you can claim someone: he must have lived with you more than 6 months in the year, not make over a certain amount of money, not be an "illegal relationship" - I don't have the booklet in fron t of me but it's not difficult to understand...that's the federal income tax booklet...you must know his social security number also. And of course you must have supported him...go for it...

dazzler
10-22-2004, 10:13 PM
Oh Sarah - that's meant for this PAST year. You will not be able to claim him while he's in jail as he's being supported by the state or feds right now....even if you do send him money for treats...sorry about that one...LOL

vim1946
10-23-2004, 08:08 AM
But you should be able to claim him if you're married, can't you?

dazzler
10-23-2004, 08:11 AM
If you are married I don't see the problem...Any spouse can be claimed as a dependant regardless whether they work or not....so it would be legal...he doesn't need to work nor does his whereabouts matter....

richsgirl_4life
10-23-2004, 05:40 PM
You can claim him for the upcoming year, but not in 2006. The law says that he has to have lived with you for at least 6 months. As for the money you put on his books, just look at it as an investment in your future with him.

Aimee1
10-23-2004, 06:57 PM
well, the year we goit married I started filing our taxes 'married filing joint', becasue the book says that as long as you were marreid by dec. 31, even if you didnot live together at all during the year....but a b'f I dont really know, maybe a dependant is possible, like everyone else said, only for the year that he lived with you. Maybe call the IRS and ask??? hope this helps!;)

juliwaits
10-27-2004, 07:29 AM
I was hoping to find the answer, but i can't find it on IRS web site and i don't think it's been addressed elsewhere on PTO. I sent an email to the accountant who handles our taxes will let you know.

key jo
10-27-2004, 07:42 AM
Also, does he owe child support? Remember, if he does and it is through the Attorney General your money can be taken for his child support. It can at least delay your refund if you tie his social to your return in any way.

MsAkbar
10-27-2004, 07:50 AM
ahhh Sara, I don't think so. He is being supported by tax payers dollars. I wouldn't try it. You might get into a snafoo that way. Just to be sure check with your accountand (if you have one), if not call the IRS. I do not believe you can claim him though.

BrandNewGirl
10-27-2004, 06:17 PM
I talked to the IRS recently and they told me that as long as I file an "Injured Spouse" form, they cannot take my return to pay Brandon's back taxes. They did tell me that I could file either married filing separately, or jointly, since we were married before December 31st this year.
Just my input from what I was told.

Nancy

rebelashton
11-02-2004, 09:20 PM
I believe you have to be married to claim someone on your taxes if they're not your child. But just an FYI, if you do get married and you want to file him as a dependent on your taxes, you'll want to file as "injured spouse" if he's been married and had kids before and owes back child support, because if not, the mother of the child who he hasn't paid child support to, can take your tax return for back child support!!! :) Plus you really have to be careful when filing someone on your taxes, because if they're a "boyfriend" and not legally married and the IRS finds out I believe you can get in some major trouble if they audit you, you'll have to pay back money. (So I've been told by my tax man) Best of luck!

flygirlaa2
11-03-2004, 01:55 AM
This has been discussed and talked about since I first joined PTO.

On Monday of this week, I had an appointment with the IRS and I asked them these very questions. NO, you can never claim a prisoner as a dependent. If you are married, you can file head of household and married filing jointly, but that is it. I also agree with the advice to make sure you file "injured spouse" to protect your return.

Before anyone takes any advice, go down to the IRS and ask them. Claiming them and then being audited will lead to trouble.

juliwaits
11-03-2004, 08:56 AM
Thanks flygirl! My tax guy hasn't written me back. I'm glad i don't have to file "married filing separately."

lin88jon
11-10-2004, 01:57 PM
It has always been my understanding that we cannot claim our husbands/boyfriends as dependents because unfortunately they "belong to the the state".....sad but true. Blessings,

myjutebe
11-10-2004, 02:20 PM
This one I have the answer for because I did it and I know it is legal because my mother called the IRS and asked them.

I claimed my now husband as a dependent on my tax return last year because we lived together for more than 1/2 of the year and he fell under their income requirements for a dependent and we were not married at the time. The reason I checked into was I was going to have to pay so we called the IRS to see if I could claim him. Unfortunately I did not know this until last year or I could have claimed for the past 5 years as well but I didn't.

Now that we are married, I am just going to file as married so hopefully I will not have any problems.

Laurie

lin88jon
11-10-2004, 02:35 PM
Zack'swife,

I should clarify my statement. If we were with them 1/2 or more of the year we are claiming, I am sure we can claim them as a dependent. My husband and I have never lived together, the state has owned him for the past 17 years. Blessings,

biscuitmom
11-10-2004, 10:02 PM
This issue has come up many times on pto.

IRS Publication 501 (which can be found online) gives the 5 rules that must be met when claiming dependents.
It specifically states "If at any time during the year the person was your spouse, that person cannot be your dependent. " Boyfriends and girlfriends also cannot be claimed as dependents.

Probably the person to whom your mother talked thought she was asking about showing your husband as an exemption. That's different from a dependent.


This one I have the answer for because I did it and I know it is legal because my mother called the IRS and asked them.

I claimed my now husband as a dependent on my tax return last year because we lived together for more than 1/2 of the year and he fell under their income requirements for a dependent and we were not married at the time. The reason I checked into was I was going to have to pay so we called the IRS to see if I could claim him. Unfortunately I did not know this until last year or I could have claimed for the past 5 years as well but I didn't.

Now that we are married, I am just going to file as married so hopefully I will not have any problems.

Laurie

B'sGirl
11-10-2004, 10:24 PM
I have a question. Can you claim your bf on your taxes as a dependant if he is in jail...He has only been in since the end of Sept & I'm sending him money every two weeks...He lived with me before he went in & he didn't have a job...Is this possible? Thanks for you help
Nope, unless your legally married nope!!! But if yall lived together, maybe the state will acknowledge a common law marriage??? But just know, if you file a joint claim, you assume his financial responsibility, Texas is a uh.. can't think of the name but a state where both parties are responsible for each other!! I learned the hard way this year!!! trust me!!! :( Oh its a community property state!!! I had to fight, and I got only half my tax return!!! So think it over first, it's not always beneficial!!!! trust me!! My husband owes big time, so I had to file an injured spouse claim and I just got half my money this month!!!! Good Luck!!