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Subject Author Date
Claiming dependent...Fed/State the same rules? funbun16 03-26-2007
Posted by funbun16 on March 26, 2007, 10:57 am
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 I am trying to do my boyfriends taxes and have a question.
He has a friend who has been staying at his place for 1 1/2
years. My boyfriend lets him sleep on the couch and his
friend also has meals with him. He has no income and no one
is claiming him as a dependent. My question is this. From
what I've read my boyfriend can claim this person as a
dependent on his federal income tax (1040A). On his
California income tax, I'm not sure. I can't seem to find
anything that says you can claim a friend, girlfriend, etc.
(non-relative) in the California income tax code. If you
can claim a person on your Federal income tax as a
dependent, can you claim him on the California income tax?
Are the rules the same?

Please help..this is driving me nuts.
Thank you
funbun

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Posted by Bob on March 27, 2007, 12:43 am
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> I am trying to do my boyfriends taxes and have a question.
> He has a friend who has been staying at his place for 1 1/2
> years. My boyfriend lets him sleep on the couch and his
> friend also has meals with him. He has no income and no one
> is claiming him as a dependent. My question is this. From
> what I've read my boyfriend can claim this person as a
> dependent on his federal income tax (1040A). On his
> California income tax, I'm not sure. I can't seem to find
> anything that says you can claim a friend, girlfriend, etc.
> (non-relative) in the California income tax code. If you
> can claim a person on your Federal income tax as a
> dependent, can you claim him on the California income tax?
> Are the rules the same?

Your boyfriend CANNOT claim his "friend" as a dependent on
his Federal income tax based on what you've written. See
the Instructions for the 1040 under dependents. Your
boyfriend would be well advised to consult with the IRS or a
tax professional regarding this issue. Check out
http://www.taxes.ca.gov/ for an answer to your California
question. I would seriously doubt that California would
allow that either, though.

<< ======================================================= >>
<< The foregoing was not intended or written to be used, >>
<< nor can it used, for the purpose of avoiding penalties >>
<< that may be imposed upon the taxpayer. >>
<< >>
<< The Charter and the Guidelines for submitting posts >>
<< to this newsgroup as well as our anti-spamming policy >>
<< are at www.asktax.org. >>
<< Copyright (2006) - All rights reserved. >>
<< ======================================================= >>

Posted by Phil Marti on March 28, 2007, 5:15 pm
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> Your boyfriend CANNOT claim his "friend" as a dependent on
> his Federal income tax based on what you've written.

Why not? Assuming the friend is a US citizen the friend
meets all the requirements for being a qualifying relative
for dependency purposes. The friend does not qualify the
taxpayer for Head of Household filing status because there's
no relationship by blood or marriage.

--
Phil Marti
Clarksburg, MD

<< ======================================================= >>
<< The foregoing was not intended or written to be used, >>
<< nor can it used, for the purpose of avoiding penalties >>
<< that may be imposed upon the taxpayer. >>
<< >>
<< The Charter and the Guidelines for submitting posts >>
<< to this newsgroup as well as our anti-spamming policy >>
<< are at www.asktax.org. >>
<< Copyright (2006) - All rights reserved. >>
<< ======================================================= >>

Posted by Ernie Klein on March 28, 2007, 5:15 pm
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>> I am trying to do my boyfriends taxes and have a question.
>> He has a friend who has been staying at his place for 1 1/2
>> years. My boyfriend lets him sleep on the couch and his
>> friend also has meals with him. He has no income and no one
>> is claiming him as a dependent. My question is this. From
>> what I've read my boyfriend can claim this person as a
>> dependent on his federal income tax (1040A). On his
>> California income tax, I'm not sure. I can't seem to find
>> anything that says you can claim a friend, girlfriend, etc.
>> (non-relative) in the California income tax code. If you
>> can claim a person on your Federal income tax as a
>> dependent, can you claim him on the California income tax?
>> Are the rules the same?

> Your boyfriend CANNOT claim his "friend" as a dependent on
> his Federal income tax based on what you've written. See
> the Instructions for the 1040 under dependents.

Why not? It seem to me that he meets the "Qualifying
Relative" test.

1. Not a qualifying child test - obviously

2. Member of household or relationship test - He has lived
there for 1 1/2 years. Only 1 year is required to meet this
test although we don't know how continuous the living
arrangements have been during the year but we can't tell
that from what was posted. (note that a member of the
household does not have to be a "blood" or an in-law -- that
only applies if the person does NOT live with you)

3. Gross income test - He has no income at all.

4. Support test - He lives there, eats there, has no income,
etc. And assuming that he does NOT have savings that he is
using i.e., the boyfriend is paying more then 50% of his
friends support.

So what am I missing? Why can't the boyfriend claim a
dependent for his friend?

--
-Ernie-

<< ======================================================= >>
<< The foregoing was not intended or written to be used, >>
<< nor can it used, for the purpose of avoiding penalties >>
<< that may be imposed upon the taxpayer. >>
<< >>
<< The Charter and the Guidelines for submitting posts >>
<< to this newsgroup as well as our anti-spamming policy >>
<< are at www.asktax.org. >>
<< Copyright (2006) - All rights reserved. >>
<< ======================================================= >>

Posted by Harlan Lunsford on March 28, 2007, 5:15 pm
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Bob wrote:

>> I am trying to do my boyfriends taxes and have a question.
>> He has a friend who has been staying at his place for 1 1/2
>> years. My boyfriend lets him sleep on the couch and his
>> friend also has meals with him. He has no income and no one
>> is claiming him as a dependent. My question is this. From
>> what I've read my boyfriend can claim this person as a
>> dependent on his federal income tax (1040A). On his
>> California income tax, I'm not sure. I can't seem to find
>> anything that says you can claim a friend, girlfriend, etc.
>> (non-relative) in the California income tax code. If you
>> can claim a person on your Federal income tax as a
>> dependent, can you claim him on the California income tax?
>> Are the rules the same?

> Your boyfriend CANNOT claim his "friend" as a dependent on
> his Federal income tax based on what you've written. See
> the Instructions for the 1040 under dependents. Your
> boyfriend would be well advised to consult with the IRS or a
> tax professional regarding this issue. Check out
> http://www.taxes.ca.gov/ for an answer to your California
> question. I would seriously doubt that California would
> allow that either, though.

Ah I see now, you say "based on what you have written."

Now then, under what circumstances could he claim his friend?

ChEAr$,
Harlan Lunsford, EA n LA

<< ======================================================= >>
<< The foregoing was not intended or written to be used, >>
<< nor can it used, for the purpose of avoiding penalties >>
<< that may be imposed upon the taxpayer. >>
<< >>
<< The Charter and the Guidelines for submitting posts >>
<< to this newsgroup as well as our anti-spamming policy >>
<< are at www.asktax.org. >>
<< Copyright (2006) - All rights reserved. >>
<< ======================================================= >>

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