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October 21, 2020
Question

Taxes

  • October 21, 2020
  • 2 replies
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So my ex fiance, We were not married claimed me as a dependent in 2018 and 2019. We lived together. I am 27. And each year i made about 12000 in cash. However on her taxes she did not claim any income, that i made. Obviously her taxes are already filed for both years.  So if i were to file taxes now having already been filed as a dependent on her taxes with no income, and i were to claim that money, would there be any reprecussions on her end?  

 

In 2020 we do not live together and i am not claimed as a dependent. So i am just wondering for previous years?

    2 replies

    Employee
    October 21, 2020

    If you had cash income then YOU are the one who pays the tax on that income--not the person who claimed you as a dependent.  If you had even $400 of income that you received as an independent contractor then you are required to file a tax return and pay self-employment tax for Social Security and Medicare, and possible ordinary income tax, depending on how much you made.  If you did not work for an employer who gave you a W-2 with tax withheld, then the IRS considers you to be self-employed if you worked for cash.

     

    We do not know any of your details so we cannot say if you could still be claimed as someone else's dependent--we do not know your age, whether you were a full-time student, etc. etc.  It is possible that you could still be claimed as someone else's dependent even if you had some income of your own.

     

    https://ttlc.intuit.com/questions/2903027-how-do-i-report-income-from-self-employment

     

    https://ttlc.intuit.com/community/self-employed/help/what-is-the-self-employment-tax/00/25922

     

    https://ttlc.intuit.com/questions/2902389-why-am-i-paying-self-employment-tax

     

    https://ttlc.intuit.com/questions/1901340-where-do-i-enter-schedule-c

     

    https://ttlc.intuit.com/questions/3398950-what-self-employed-expenses-can-i-deduct

     

    Do you  meet the criteria to be claimed as someone else's qualifying child or qualifying relative?  If so , on your own tax return you must say that you can be claimed as someone else's dependent.

     

     

    WHO CAN I CLAIM AS A DEPENDENT?

     

    You can claim a child, relative, friend, fiance (etc.) as a dependent on your 2019 taxes as long as they meet the following requirements:

    Qualifying child

    • They are related to you.

    • They cannot be claimed as a dependent by someone else.

    • They are a U.S. citizen, resident alien, national, or a Canadian or   Mexican resident.

    • They are not filing a joint return with their spouse.

    • They are under the age of 19 (or 24 for full-time students).

      • No age limit for permanently and totally disabled children

            They live with you for more than half the year (exceptions apply).

    Qualifying relative

    • They don't have to be related to you (despite the name).

    • They cannot be claimed as a dependent by someone else.

    • They are a U.S. citizen, resident alien, national, or a Canadian or Mexican resident.

    • They are not filing a joint return with their spouse.

    They lived with you the entire year.

    • They made less than $4200  (not counting Social Security)

    • You provided more than half of their financial support. More info

    When you add someone as a dependent, we'll ask a series of questions to make sure you can claim them.

    Related Information:

    Does a dependent have to live with me?

    What does "financially support another person" mean?

    Can I claim a newborn baby?

     

     

     

     

     

    **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.**
    October 22, 2020

    So my ex fiance, We were not married claimed me as a dependent in 2018 and 2019. We lived together. I am 27. And each year i made about 12000 in cash. However on her taxes she did not claim any income, that i made. Obviously her taxes are already filed for both years.  So if i were to file taxes now having already been filed as a dependent on her taxes with no income, and i were to claim that money, would there be any reprecussions on her end?

    Employee
    October 22, 2020

    @Payceasar222 You earned too much to be claimed as anyone else's dependent so your GF should not have claimed you.  Your returns have to be mailed.  When the IRS eventually sees that someone claimed you, she will have some explaining to do.  And for 2018 and 2019 when she claimed you as a dependent she got a $500 credit for other dependents that she should not have received, so they may change her return and she might owe.  You are both at fault here--you for not filing tax returns when you were required to, and your GF for claiming a dependent incorrectly.

    **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.**
    Carl11_2
    Employee
    October 22, 2020

    So my ex fiance, We were not married claimed me as a dependent in 2018 and 2019. We lived together. I am 27.

    Since you were without a doubt over the age of 23 in both tax years, and you earned more than $4,200 in both tax years, you can not be claimed as a dependent on "any" tax return. Period.

    You personally are required to file a tax return for those years if you had more than $12,000 in gross earned income in either tax year.

    And each year i made about 12000 in cash.

    Regardless of your income amount, if any taxes were withheld from your income and your income was less than $12,000, then you "should" file a tax return to get all that withheld tax money refunded to you.

    Note that weather you file a return or not, your ex needs to amend her tax returns for both years to remove you as a dependent and she can expect to have to pay back a few bucks to the IRS when she does. If she doesn't do this on her own, then when the IRS auditors catch up with her (and rest assured they will) the fines and penalties that will be imposed for claiming a dependent she didn't qualify to claim, will be quite a bit higher.