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posted Jun 1, 2019 11:42:19 AM

My boyfriend claimed me as a dependent, I made 5888, do I need to file a tax return or should I?

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5 Replies
Level 15
Jun 1, 2019 11:42:21 AM

He should not have claimed you as a dependent since you had gross income of $4,150 or more.  Plus you must have lived in his household for the entire year and he must have provided over one-half of your support since you are not related to each other. 

If you had taxes withheld from your wages reported on a W-2 then you should file a tax return go get the taxes withheld refunded to you.  You would file as Single and Not a dependent.  Or if the income was from self-employment and you were either paid in cash or received a Form 1099-MISC, then you are required to file a tax return to report the self-employment income.

The following are the rules for claiming someone as a dependent under the Qualifying Relative rules.

To be a Qualifying Relative -

1. The person cannot be your qualifying child or the qualifying child of any other taxpayer. A child is not the qualifying child of any other taxpayer if the child's parent (or any other person for whom the child is defined as a qualifying child) is not required to file an income tax return or files an income tax return only to get a refund on income tax withheld.

2. The person either (a) must be related to you or (b) must live with you all year as a member of your household

3. The person's gross income for the year must be less than $4,150 (social security does not count) in 2018

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

5. The person must be a U.S. citizen or a U.S., Canada, or Mexico resident for some part of the year.

6. The person must not file a joint return with their spouse.

Level 15
Jun 1, 2019 11:42:22 AM

The OP said "my boyfriend".   The "full-time student" rules only applies to a Qualifying Child that must be blood related.  A non-related boyfriend cannot claim a depended under any circumstances if that person has a gross income more then $4,150.

Level 15
Jun 1, 2019 11:42:23 AM

Of course you are right...My bad.  Will correct.  Thanks.

Level 15
Jun 1, 2019 11:42:28 AM

BF need to file an Amended return Form 1040X to unclaim you.

Level 15
Jun 1, 2019 11:42:29 AM

Right -  best for him to amend and fix it rather than let the IRS figure it out and send a bill for back tax plus interest and penalties.   The IRS letters usually go out a year or two after filing so interest and late penalties can get quite large.