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June 5, 2019
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Can my boyfriend claim me? i am a stay at home mom, he pays my tuition bills. can he claim my 1098e or do i somehow file with no income?

  • June 5, 2019
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Best answer by macuser_22

Your BF can claim you *if* you meet all the following requirements.

The 1098-E (student loan interest) can only be claimed if he is legally responsible to pay it (i.e. his name in on the loan). Otherwise if he pays it then it is simply a non-deductible gift to you.

---Tests to be a Qualifying Relative (& Unrelated Persons)---
(Must meet ALL of these tests to be a dependent)

1. The person cannot be your qualifying child or the qualifying child of any other taxpayer.

2. The person either must be related to you, or must live with you all year (all 365 days - There are exceptions for temporary absences such as school, illness, business, vacation, military service) as a member of your household.

3. The person's gross income for the year must be less than $4,050 (tax-exempt income, such as certain social security benefits, is not included in gross income)

4. You must provide more than half of the person's total support** for the year.

5. The person is not filing a joint return.

In any case, the person must be a U.S. citizen, U.S. resident alien, U.S. national, or a resident of Canada or Mexico

The above is simplified; see IRS Publication 17, for full information.
https://www.irs.gov/publications/p17#en_US_2017_publink1000170933

** Worksheet for determining support
https://www.irs.gov/publications/p17#en_US_2017_publink1000171012

1 reply

macuser_22
Employee
June 5, 2019

Your BF can claim you *if* you meet all the following requirements.

The 1098-E (student loan interest) can only be claimed if he is legally responsible to pay it (i.e. his name in on the loan). Otherwise if he pays it then it is simply a non-deductible gift to you.

---Tests to be a Qualifying Relative (& Unrelated Persons)---
(Must meet ALL of these tests to be a dependent)

1. The person cannot be your qualifying child or the qualifying child of any other taxpayer.

2. The person either must be related to you, or must live with you all year (all 365 days - There are exceptions for temporary absences such as school, illness, business, vacation, military service) as a member of your household.

3. The person's gross income for the year must be less than $4,050 (tax-exempt income, such as certain social security benefits, is not included in gross income)

4. You must provide more than half of the person's total support** for the year.

5. The person is not filing a joint return.

In any case, the person must be a U.S. citizen, U.S. resident alien, U.S. national, or a resident of Canada or Mexico

The above is simplified; see IRS Publication 17, for full information.
https://www.irs.gov/publications/p17#en_US_2017_publink1000170933

** Worksheet for determining support
https://www.irs.gov/publications/p17#en_US_2017_publink1000171012

**Disclaimer: This post is for discussion purposes only and is NOT tax advice. The author takes no responsibility for the accuracy of any information in this post.**
June 5, 2019
does he have to claim me as a spouse?