So Dependent On You: Who Can I Claim as a Dependents on my 2009 Tax Return?

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Over the past few years, questions around who can claim who and why has dramatically changed. There are more blended families in the U.S. The economy has taken a toll on our bottom lines resulting in three or four generations of families living together to save money. And yes, even non-family members moving in with each other to save a buck.

So how do those changes affect your tax situation? Can you claim your girlfriend on your taxes? What about your son who lives with your mother? And of course, pets. Can you claim Buster the beagle on your taxes? I sat down with Lee Ferris, one of our in-house tax experts and asked her those same questions.

The question and answer session aims to explain some of the more common dependent questions so you can get your biggest refund possible.

Question: Can someone claim their girlfriend or boyfriend on their taxes?

Answer: If your girlfriend has lived with you for all of 2009, her gross income is less than $3,650, and you’ve provided more than half of her total support (which is room board, food, car, insurance, etc.), you could claim her as a dependent on your tax return. To determine if you pay for more than half of her support, see IRS Pub 501 page 20. Each dependent you claim on your 2009 tax return reduces your taxable income by up to $3,650.

Question: What if we have a child, can I claim the baby also?

Answer: If the baby is your child, lived with you for more than half the year, and can’t support itself, you can claim the child as your dependent. And I know you are thinking, ‘Of course my baby can’t support itself.’ This was a-recent change by the IRS and a good example is if you have a child that is an actor. That child might be receiving a decent income and that counts as supporting itself.

But for all those parents with non-actor children out there, you can claim a child under the age of 19. If the child is a full-time student then you can claim them until the age of 24. If they are 25, working on their master’s degree and not earning any income you might be able to claim what the IRS calls a “qualified relative.” I would recommend visiting the IRS link to get more info on what defines the qualified relative and qualified child.

Question: My sister lives with me, and she receives Social Security Disability Benefits. If I charge her rent – which gets paid with social security – can I claim her as a dependent on my tax return?

Answer: If you are providing more than half of her total support (taking into consideration the rent she’s paying you) and she doesn’t make more than $3,650 a year, you can most likely claim her. Remember her social security isn’t counted as gross income. Look at the IRS worksheet in pub 501 to get more information on this.

Question: Can I claim any of my pets? What if they require special needs?

Answer: No. But I have been reading about a bill in Congress that is making the rounds that allows people to deduct pet medical expenses up to $3,500. The bill is proposed by Republican Thaddeus McCotter of Michigan. I am not sure what will happen with this but it is worth paying attention to.

Q: My parents just moved in with us so that we can take care of them. Can I claim them?

Answer: This is a common question right now because of the economy. If they are living with you, their only source of income is social security, and you are supporting them by more than 50 percent, you can claim them as a qualified relative. Remember, social security doesn’t count towards their gross income. Also, remember that since they are qualified relatives, they don’t have to live with you. You could be supporting them in their own home and still claim them as dependents.

Question: Can I still claim my spouse even though she received unemployment the majority of the year?

Answer: Even if your spouse is a stay-at-home mom, you can’t claim her as a dependent. This is why I encourage you to file a joint return. That way you get $3,650 for you and $3,650 for your spouse as a write-off – also known as an exemption. So 99 percent of the time it is more beneficial to file jointly because of that write-off amount and other deductions and credits.

However, one of my top questions this year is “Is unemployment taxable?” And the answer is, the first $2,400 of unemployment is NOT taxable. If both spouses receive unemployment benefits during 2009, each may exclude from taxable income the first $2,400 of benefits they received.

Question: I have been supporting my grandchild for the past six months and paid for everything. Do I claim her or does my daughter?

Answer: It depends. There are some questions you need to answer first. Will the father claim the child on his return? Is your daughter going to claim the child? If the child has lived with you for more than six months, both the father and your daughter are not going to claim the child , then yes, you can probably claim your granddaughter as a qualified child and get the various child credits on your tax return.

Question: Can I claim my niece if she is here on a student visa, going to college, and living with us? She makes no money here, pays no rent to us and we support all her expenses, except for tuition.

Answer: In this case, if she is under 24 and a full-time student and she’s not a qualifying child for anyone else, you can probably claim her as a dependent. But I like to urge people to please ensure that someone else is not already claiming the person in question as a dependent. Your niece can’t be claimed more than once. Also you can only claim the niece as a dependent if she’s a U.S citizen, U.S. resident, U.S. National, or resident of Canada or Mexico.

For questions we haven’t covered, please check out the IRS.gov page. The site has updated sample situations to help U.S. filers.

Check out this TurboTax video as well:

http://www.youtube.com/v/sbD8BfZzs8s?fs=1&hl=en_US&rel=0

227 responses to “So Dependent On You: Who Can I Claim as a Dependents on my 2009 Tax Return?”

  1. Hello, I have a niece that lives with me, she is an international student, I am her financial sponsor, I provide all her needs, but she is not a citizen. can I claim her when filing my taxes

  2. I have a sister, her newly born baby and her husband living with me the entire last year (2013). They are jobless and have 0 income. My sister and niece have medicaid medical insurance from the government. If i claim them as dependent on my tax return, will the government take away there medical insurance? will i be responsible for there medical insurance for next year because i claimed them on my tax return?

  3. I have been living with my grandmother for the past 9 months or so and she wants to claim me and my daughter this year. I worked for 3 months recently and therefore I get taxes im 19 with a 2 year old daughter and I get snap & Medical for us through welfare. Is it still possible for her to claim us when I refuse for her too? is there away around her claiming me?

    • She is still eligible to claim you, your income under a certain amount, and your daughter. However, if you would RATHER not have her claim you, you should let her know not to. I have seen instances where it is a race. If you file before she does, then she cant claim you. If she files before you do, and you file afterwards, you would have to deal directly with the IRS by filing affidavits.

  4. I was wondering. If I got welfare & food stamps for 10 months last year & unemployment for 2 months, can my live-in boyfriend claim me and my daughters as a dependent on his 2013 tax return legally?

  5. Hello my husbands brother is living with us do to the fact that my mother in law became very ill with leukemia and is unable to take care of him. My mother in law receives welfare for my brother in law (he is 13 years old) which she gives to us to help us financially as we take care of my brother. Are we able to claim him in our taxes since he lives with us and we cover all of his expenses?

  6. Me and my fiancé have been living together for over 6 years. I have the receipts and everything stating I have paid the bills for his mother we are not married. She is unemployed and has been the entire year, can I claim her as a dependant?

    • my sons girlfriend and her child live with him.the child receives survivor benefits. the mother made under $100 and is under 25 so can’t claim the child. Can my son claim the child AND the girlfriend?

  7. My boyfriend, younger brother, and I all live in the same home, how would I file on my taxes? Both my boyfriend and I work and need to file taxes. My younger brother just turned 19 and doesn’t work. I’m just unsure on how we would both file. One of us single and the other head of household..? Probably a dumb question to some but I need help!

  8. Need to know if I can claim childern that are not related to me but I pay over 75% of everything in the house the childrens mother does not work there father us a reseverist and thats his only income they have 6 children that I am paying for there clothes food shelter among other expenses in the house

  9. Hi I was just wondering could my grandma claim me if Im married and me and my husband have a baby together and my address is somewhere else?

  10. I have not worked this past year I have not made any income…I live with my boyfriend and our son…I do owe child support due to lack of work to my parents for my daughter….would this effect the outcome if I have my boyfriend claim me as well

  11. Hi I just want to ask coz my auntie petitioned me and my parents here in US we lived in her house for 7months.. on the first two months we didnt have a job but the time we got jobs we technically pay her every month for $400 and now we’ve home and she said that she’s gonna get our income tax.. is that possible?

    • Hi,
      If each of you earned $3,900 or more during 2013, your aunt cannot claim you as dependents on her tax return, even though you lived with her for more than half the year.
      You and your parents will need to file your own income tax returns. TurboTax will ask all the questions to help you prepare a correct tax return.
      Mary Ellen

    • Hi April,
      Congratulations. Yes you can claim your baby. Make sure you have a social security number for your baby when you file.
      Thank you,
      Lisa Greene-Lewis

  12. My husband and I have been married for a year and 4 months and we moved out of state and I files for tanf for about 3 months until we got on our feet an my kids father isnt my husband and im wondering would I get in trouble if my husband and I filed jointly for getting tanf which puts child support on my kids father since I dont think your supposed to file for tanf while married

  13. My mother receives SSD (Social Security Disability) and is on section 8; however, I pay for her rent, clothing, electricity, food, flights, cell phone, Flat Screen TV, Cable etc, and credit cards. Can I claim her on my taxes without causing any interference w/ her SSD and Section 8?

  14. Im seventeen and i work at wendy’s. I live with my grandmother. My mom has been claiming me on food stamps for years. I think my grandal gets social security because of age. My dads in prison for now. i want to claim my own income taxs but if i cant, what do i go about doing this? Do i tell my mom to drop me on food stamps? Do i have my gmal claim me and make sure no one else does?

    • Hi Brandon,
      If you want to claim your own taxes this year you would be able to claim yourself as an exemption so you can get tax deductions and credits. If someone else claims you, you would not be able to get your personal exemption of $3,900 and other tax deductions and credits. It is up to you and your grandmother whether or not she gets to claim you as a dependent or not, but if you take the dependent exemption she or no one else can claim you.
      Thank you,
      Lisa Greene-Lewis

      • …and the food stamp issue, you would have to talk to Social Services to show that you are creating your own income and is with your grandmother, not your mom.

  15. I am 37 and im on ssi plus i work very little on the side. Do i get an income taxreturn for my job and do i have to report it?

  16. Can I claim a non relative who is pregnant and on medicaid and receives food stamps. She is living with me and I have paid for additional food, clothing, room and board, bought clothing and everything that is needed for the baby (crib, bassinet,stroller, etc.) She is 20 years old and just received her GED; she plans to go to college after the baby is born in December.

  17. Can I claim a child if I worked 10 months and if my job closes and I go on unemployment for two can I still claim my child.

  18. My Daughter lives out of state and is working 3-part time jobs and raising 3-toddlers on her own. She rarely makes enough to pay the bills & receives no assistance from the Father of her children. I send her apx $400.00 per month in order to make up the difference. Can/should I claim my Grandchildren? If so, would it hurt the small amount of food assistance she’s getting from the state?

    • the $400 will count as extra income for your daughter in regards to Social Services. Since the grandchildren are not living with you and what you provide is not the majority of what makes up her household, I dont think you can file for them.

  19. I have one child in HS and one away at college. After divorce i will still be their primary residence and will pay many of their expenses. My ex will be paying for their college, car, car insurance, and all medical expenses. Can he carry them on his health insurance if I claim Head of Household for taxes? I will be paying their expenses with the majority of the money coming from spousal support.

  20. I have been together with my ex boyfriend for 5 years and we were already making plans to get married before we broke up recently. I like to admit that we did have our differences and we had a few fights often but we always got out of it. About 3 weeks ago, I literarily caught him flirting with a very close friend of mine, it’s totally unacceptable to me and that led to a separation. We broke up after that incident and I told him I never want to see him again. At this moment, it’s barely two weeks ago and I miss him already. I don’t want to lose my ex boyfriend to any gold digger. I want to know how to attract my boyfriend to me again, I need to know how to win his heart get my ex back into my life? I called him several times and he would not even pick up his phone. I don’t care
    f I have to use psychological tricks or tips advice to win back his heart after the break up. Everything I’ve tried to do seems not to be working. I love my boyfriend, he loved me and I don’t know what to do or say. He was the one who cheated on me and I’m to forgive him. But he didn’t even try to reconcile. I know he loves me, but my best friend whom he flirted with is trying to steal my
    boyfriend away from me,I need to reconnect and reunite our relationship, i try all my best until i mate a female great spell caster online Name Dr Kate (katelovespell@hotmail.com) i explain every thing that happened to me, she told me not to worry that she is gonna help me if only i can help my self and i told her yes. she promise to help me cast a return and love spell that last forever, after i summit my information, she cast the return and love spell and guarantee me after three days my ex-boyfriend is going to call me and asking for my forgiveness, i was so surprise the third day of it in the morning my ex-boyfriend call me on phone telling me he is come back that i should forgive him, thank you once again Dr kate (katelovespell@hotmail.com) she is the best you can reach her email address.

  21. My sister is paying child support for her two boys but they do not live with her. The father and boys are on welfare and receiving child support. Can she claim the boys on her income tax? Can the father let someone claim the boys if they do not support them?

  22. Hello. I am 17 years old and live with my single mother. I work a part time job and will make about $10000 at the end of the 2013 year; this job obviously takes out both Federal and State taxes, my question is, what do I claim myself as? My mom still buys my food, some clothes, and I live with her as she pays almost all of the house payments. So, what do I claim myself as? What if she claims me as dependent?

  23. My niece live with me and I have tooken care of her since birth, her mother and father do not file taxes. Can I claim her as a dependent since I provide for her?

  24. My granddaughter lived with me from the end of Feb to mid Oct of last year. Received no money from her mother, who lived with me on and off also,she’s now 21. Her grandfather has ALREADY claimed her, saying he paid for her day care (that’s all). I SHOULD be able to claim my granddaughter (4 yrs old), right? The grandfather and I did not live together since Feb 24 th.

  25. Can my son that is 20 claim his child on his taxes? The child lives his girlfriend and her mother. Her mother is on disability and is saying he can claim him. This was also the case last year and he tried to claim him but the IRS would not let him. All they said was that the childs SS number belonged to someone else. Don’t understand wehat that meant. So his taxes were adjusted down.

  26. My ex and I have two children and we’ve never had a custody agreement. I have the kids primarily and he goes months without seeing them. He doesnt pay any type of child support or help out at all. Does he have any grounds to claim the two kids this year?

    • Hi Pamela – Based on what you said, it seems as though you, as the custodial parent would qualify to claim the children. Determining if someone can be claimed as a dependent can be quite complex. In general, since you don’t have an Agreement in place, in order for your Ex to claim them, they would need to live with them over half the year, and he would have to pay over half of their support. Please see page 8 of IRS Publication 504 for details and more information. http://www.irs.gov/pub/irs-pdf/p504.pdf Thanks, Karen

  27. My son and I are living in a family friends home.We receive state help (snap/med) as I am not working and go to school. Can the head of household claim us? They do help out here and there, personal items, clothing, mostly for my son. We live rent free in their home and pay no bills. Only agreement we have is that I keep in school and or be looking for work. Can they/he claim us since we receive state help?

  28. I share joint custody 50-50 and i work and pay child support. my efile got rejected because someone claimed my kids. the mother of my kids is on welfare and doesnt work. can her mother the kids grandmother claim the kids over me. i have the kids half the time and pay my child support.

    • Hi Esteban – Probably not. In any case, you will need to file a paper copy of your return; you will not be able to efile now. When the IRS sees that two different taxpayers have claimed the children, they will investigate and decide who is entitled to claim them. The taxpayer who was not eligible will have their taxes adjusted accordingly — possibly with penalties and interest. –Christopher

      • ok so my kids mother is on welfare but lives with her mother (grandmother) in tha same home. THE KIDs grandmother works only part time and they depend on my kids welfare and foodstamps and child support. i have the kids then same amount of time 50-50 and the kids mother doesnt go to school nor work. i go to work and pay taxes including child support. who gets to claim the kids on income tax time. me the father or the kids grandmother who obviously use the kids welfare to pay rent and the kids food stamps to buy groceries. i have the kids the same amount of time work full time and pay child support. so who is entittled to claim the kids in the income tax?

    • ok so my kids mother is on welfare but lives with her mother (grandmother) in tha same home. THE KIDs grandmother works only part time and they depend on my kids welfare and foodstamps and child support. i have the kids then same amount of time 50-50 and the kids mother doesnt go to school nor work. i go to work and pay taxes including child support. who gets to claim the kids on income tax time. me the father or the kids grandmother who obviously use the kids welfare to pay rent and the kids food stamps to buy groceries. i have the kids the same amount of time work full time and pay child support. so who is entittled to claim the kids in the income tax?

  29. I had court ordered legal custody of my granddaughter from Oct 2011 to Oct 2012 – can I claim her as a dependent for 2012? She lived with us until Oct 10, 2012 and we paid all her expenses.

  30. Hi, My brother has been living with me since June of 2011. He has a job, but I pay everything as bills and food wise and he uses my vehicle. Would I be able to claim him when I do my taxes. He is 19 years old and I am 24 years old. Thank you

  31. Hi, my mother, younger brother, and I are living together. I have a full time job. My mother receives a disability check for my brother every month and child support every week. She has no other income at this time. Can I claim both of them on my taxes?

  32. HI i was wondering, me and my wife are seperated but not legally and get ssi can i still claim her on my taxes e have five children too.and she draws foodstamps too….thankk you

  33. Hi I was wondering if i could claim my wife on my taxes if we are seperated but ot ligelly and she draws SSI and we have five children

  34. My girlfriends makes nothing and fits everything so I can claim her. However I was wondering if I can claim her mother who is on Social Security, and her daughter, whom she adopted and gets income from the government. With everything taken into account I pay for half of her expenses but not her moms, can I claim both or her?

    • Hi Chris – You should be fine to claim them, if that is the only income they have. Make sure to go through the Dependents screens in Turbo Tax as it does a great job of helping determine who qualifies as a dependent.
      Thanks, Karen

  35. Hi my sister has been living with me for the last three years and i would like to know if i can claim her on my tax refund this year even though she receives 650.00 a month on social security.

    • Hi Alice – Social Security does not count as support, so it won’t affect your ability to claim your sister. TurboTax will confirm whether she qualifies as your dependent. –Christopher

  36. My mother supported my daughter, myself and hausband for the first 6 months. All three of us recieve SSDI but my mother pays for 50% of my living expenses. Do I claim the SSDI income on her taxes as she claims us as dependants???

  37. My friend (who cannot work) and her three children (all under 18) have lived with me for the entire year (minus every other weekend visits with their father). Barring weekly child support checks to the children’s mother, I provide ALL the support, monetary and otherwise, for these 4 people who are not legally related to me. Can I claim them?

  38. Hi … my 18 year old daughter lives with me and she work a temp-part job from Oct – Dec earning less than $2000.00 of course i supported her through the year . but my question is that does she has to file? and can I still claim her being that i took care of her financially…how does this work now that she received her w2

  39. My brother has a live in girlfriend and her two grandchildren live with them. Can he claim them even tho he is not related to them. He provided their support in 2012 and no one else is claiming them.

  40. My brother has a live in girlfriend and also her two grandchildren living with them. Can he claim the two grandchildren (even tho they are not related to him) on his taxes since he provided support for them in 2012. No one else is claiming them.

  41. I Have A Sister And Her Baby That Dont Live With Me But Shes Lives With Her Boy Friend And He Is Supported Threw His Mother, She Pays The Rent And light I Pay the water Get Them Food And Pampers Formula And Other Personal Things. Question Can I Claim Then Both Sister And Lil baby

  42. My daughter was premature and received SSI because of it she was over payednow she has stopped receiving it and Ijust haven’t had the money to offer a settlement, my mother has been helpng me support her for the last year so I was going to let my mom claim her but Idont want to screw her over, so my question is, am Iresponsible for paying back for the over payment or is it hooked directly to my daughters SSN? And I made less then 3500$ this year so could my mom claim me as well or would they garnish her return… the over payment was for 8,000$….please help!!

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