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codzmom1
New Member

Can I claim my domestic partner on my 2018 taxes even if he had a 1099-R for over $4050 he took out of his retirement fund because he was unable to work for all of 2018?

I will have to submit a tax return for him since he will owe taxes due to the 1099-R

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IreneS
Intuit Alumni

Can I claim my domestic partner on my 2018 taxes even if he had a 1099-R for over $4050 he took out of his retirement fund because he was unable to work for all of 2018?

Yes - You may be able to claim your domestic partner as a dependent, depending on the exact amount of the withdrawal from his retirement fund.  The gross income requirement was raised to $4,150.

He would have to meet the rest of the requirements for Qualifying Relative:

  1. Not a qualifying child - No problem here
  2. Member of household or relationship test – I'm assuming he meets this requirement if he's your domestic partner.
  3. Gross income test - To meet this test, his gross income for the year must be less than $4,150.  Gross income is all income in the form of money, property, and services that isn't exempt from tax.
  4. Support test - To meet this test, you generally must provide more than half of his total support during the calendar year.  You figure whether you have provided more than half of his total support by comparing the amount you contributed to his support with the entire amount of support he received from all sources. This includes support  provided from her own funds.   


Your partner won't have to file a federal return if his gross income is under $12,000 [$13,600 if 65 or better], unless he wants to get back any taxes withheld.  Check your state requirements--he might not have to file a state return, either.

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