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June 10, 2024
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IRS Reporting on Dependent Claims

  • June 10, 2024
  • 2 replies
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My roommate, a friend of 10+ years, and her child, my goddaughter (legally, on paper, and as noted in official police records), qualify as dependents on my tax return based on the IRS guidelines for who/what is a dependent. I'm covering 100% of their financial expenses, and they've lived with me for more than half the year.

 

After a heated argument, my roommate threatened to report me to the IRS if I tried to claim her and my goddaughter as dependents on my 2024 tax return. She said I "can't claim them without her permission" and that it's a crime. The thing is, she's already provided me with both of their SSNs, meaning I have all the information I need to claim both of them.

 

Is this true? If I claim them, is it considered a crime simply because she suddenly decided that she wouldn't let me do it? What would happen if my roommate attempted to report me to the IRS for claiming her and her daughter as dependents on my future tax return?

Best answer by xmasbaby0

You cannot claim them as dependents if they lived with you for "half the year."   You do not need permission to claim a dependent that you can actually legitimately claim.  But your roommate/friend and her child are not related to you.   Unless they lived with you for the entire year, and your friend had less than $4700 of income, she cannot be claimed as your dependent, nor can you claim her child as your dependent.

 

Not sure what information you saw that led you to believe you could claim them, but you cannot.    And if you claim them when you should not, you would face repayment of any tax credits you received for claiming them as well as penalties.   If you are paying for 100% of their support and do not want to continue doing so, then perhaps they need different living arrangements.

 

 

IRS interview to help determine who can be claimed:

https://www.irs.gov/help/ita/who-can-i-claim-as-a-dependent

 

WHO CAN I CLAIM AS A DEPENDENT?

 

You can claim a child, relative, friend, or fiancé (etc.) as a dependent on your 2023 taxes as long as they meet the following requirements:

Qualifying child

  • They're related to you.
  • They aren't claimed as a dependent by someone else.
  • They're a U.S. citizen, resident alien, national, or a Canadian or Mexican resident.
  • They aren’t filing a joint return with their spouse.
  • They're under the age of 19 (or 24 for full-time students).
    • No age limit for permanently and totally disabled children.
  • They lived with you for more than half the year (exceptions apply).
  • They didn't provide more than half of their own support for the year.

Qualifying relative

  • They don't have to be related to you (despite the name).
  • They aren't claimed as a dependent by someone else.
  • They're a U.S. citizen, resident alien, national, or a Canadian or Mexican resident.
  • They aren’t filing a joint return with their spouse.
  • They lived with you the entire year (exceptions apply).
  • They made less than $4,700 in 2023.
  • You provided more than half of their financial support.

When you add someone as a dependent, we'll ask a series of questions to make sure you can claim them. There may be other tax benefits you can get when you claim a dependent.

Related Information:

 

2 replies

Employee
June 10, 2024

They must have lived with you all year and had less than $4,700 in income for you to be able to claim them. A god daughter is not a recognized relationship by the IRS. 

xmasbaby0Answer
Employee
June 10, 2024

You cannot claim them as dependents if they lived with you for "half the year."   You do not need permission to claim a dependent that you can actually legitimately claim.  But your roommate/friend and her child are not related to you.   Unless they lived with you for the entire year, and your friend had less than $4700 of income, she cannot be claimed as your dependent, nor can you claim her child as your dependent.

 

Not sure what information you saw that led you to believe you could claim them, but you cannot.    And if you claim them when you should not, you would face repayment of any tax credits you received for claiming them as well as penalties.   If you are paying for 100% of their support and do not want to continue doing so, then perhaps they need different living arrangements.

 

 

IRS interview to help determine who can be claimed:

https://www.irs.gov/help/ita/who-can-i-claim-as-a-dependent

 

WHO CAN I CLAIM AS A DEPENDENT?

 

You can claim a child, relative, friend, or fiancé (etc.) as a dependent on your 2023 taxes as long as they meet the following requirements:

Qualifying child

  • They're related to you.
  • They aren't claimed as a dependent by someone else.
  • They're a U.S. citizen, resident alien, national, or a Canadian or Mexican resident.
  • They aren’t filing a joint return with their spouse.
  • They're under the age of 19 (or 24 for full-time students).
    • No age limit for permanently and totally disabled children.
  • They lived with you for more than half the year (exceptions apply).
  • They didn't provide more than half of their own support for the year.

Qualifying relative

  • They don't have to be related to you (despite the name).
  • They aren't claimed as a dependent by someone else.
  • They're a U.S. citizen, resident alien, national, or a Canadian or Mexican resident.
  • They aren’t filing a joint return with their spouse.
  • They lived with you the entire year (exceptions apply).
  • They made less than $4,700 in 2023.
  • You provided more than half of their financial support.

When you add someone as a dependent, we'll ask a series of questions to make sure you can claim them. There may be other tax benefits you can get when you claim a dependent.

Related Information:

 

**Disclaimer: Every effort has been made to offer the most correct information possible. The poster disclaims any legal responsibility for the accuracy of the information that is contained in this post.**
June 10, 2024

But according to the IRS website, someone qualifies as a dependent if they live with you for "more than half the year". The IRS website does not specify that it must be one full year. https://www.irs.gov/credits-deductions/individuals/dependents

Employee
June 10, 2024

You are looking at the wrong section of the information.   Someone who is NOT related to you must live with you for the entire year, not just "more than half" the year.   Sorry---you are mistaken and need to let go of the notion that you can claim your friend or her child who lived with you for part of the year.

**Disclaimer: Every effort has been made to offer the most correct information possible. The poster disclaims any legal responsibility for the accuracy of the information that is contained in this post.**