Can I Claim My Girlfriend And Her Four Kids As Dependents?


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Kim Wxxxxx answered




Member of Household or Relationship Test



To meet this test, a person must either:


  1. Live with you all year as a member of your household, or

  2. Be related to you in one of the ways listed under Relatives who do not have to live with you.
Your girlfriend lived with you as a member of your household all year. However, your relationship with her violated the laws of the state where you live, because she was married to someone else. Therefore, she does not meet this test and you cannot claim her as a dependent.




Gross Income Test



To meet this test, a person's gross income for the year must be less than $3,500.
  Gross income defined. Gross income is all income in the form of money, property, and services that is not exempt from tax.
In a manufacturing, merchandising, or mining business, gross income is the total net sales minus the cost of goods sold, plus any miscellaneous income from the business.
Gross receipts from rental property are gross income. Do not deduct taxes, repairs, etc., to determine the gross income from rental property.
Gross income includes a partner's share of the gross (not a share of the net) partnership income.
Gross income also includes all unemployment compensation and certain scholarship and fellowship grants. Scholarships received by degree candidates that are used for tuition, fees, supplies, books, and equipment required for particular courses may not be included in gross income. For more information about scholarships, see chapter 1 of Publication 970, Tax Benefits for Education.
Tax-exempt income, such as certain social security benefits, is not included in gross income.




Support Test (To Be a Qualifying Relative)



To meet this test, you generally must provide more than half of a person"s total support during the calendar year.
However, if two or more persons provide support, but no one person provides more than half of a person"s total support, see Multiple Support Agreement , later.
  How to determine if support test is met. You figure whether you have provided more than half of a person's total support by comparing the amount you contributed to that person's support with the entire amount of support that person received from all sources. This includes support the person provided from his or her own funds.
You may find Worksheet 1 helpful in figuring whether you provided more than half of a person's support.

  Person's own funds not used for support. A person's own funds are not support unless they are actually spent for support.

Your mother received $2,400 in social security benefits and $300 in interest. She paid $2,000 for lodging and $400 for recreation. She put $300 in a savings account.
Even though your mother received a total of $2,700 ($2,400 + $300), she spent only $2,400 ($2,000 + $400) for her own support. If you spent more than $2,400 for her support and no other support was received, you have provided more than half of her support.





Total Support



To figure if you provided more than half of a person's support, you must first determine the total support provided for that person. Total support includes amounts spent to provide food, lodging, clothing, education, medical and dental care, recreation, transportation, and similar necessities.
Generally, the amount of an item of support is the amount of the expense incurred in providing that item. For lodging, the amount of support is the fair rental value of the lodging.
Expenses that are not directly related to any one member of a household, such as the cost of food for the household, must be divided among the members of the household.

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