Today Bill from Cinncinnati, OH wants to know. “I have what I think is a simple question. My fiance and I have lived together for over 2 years. She is now pregnant with my child and had an income of only $1400 last year. Is it possible for me to claim her as a dependant? My tax advisor said I can only claim her if we are legally married and I don’t believe that to be true since I am paying for her and my unborn child’s support. “
Yes, you may.
I am sorry to differ with your tax pro. But, this time, you’re absolutely correct.
Your fiance meets the rules for being a dependent. See the rules for dependents in Publication 17 (I’ve included the link below.) http://www.irs.gov/publications/p17/ch03.html#d0e11307
However, since she’s not related to you, and you don’t have any legal relationship (wife, foster-child, adoptee), you don’t get to use the head of household filing (HOH) filing status.
Once the baby is born, you’ll qualify as head of household – with respect to the baby.
And of course, if you get married, you’ll get even more benefits from filing jointly.
For now – yes, you get her as a dependent. But, no, no HOH.
Please show that link to your tax advisor.
You’ll find answers to all your tax problems – and all kinds of tax information, when you need it, where? At TaxMama.com
- Ask TaxMama :: Where taxes are fun and answers are free
- IRS Publication 17 :: Head of Household Rules