Are you allowed to deny someone from claiming you as a dependent, even though they are legally eligible? I.e., lived with them for 3 years and they pay 100% everything.

[steve-erikson-ps]

I've claimed someone as a dependent because they are a qualified dependent and I've paid for everything. Now they are threatening to file a return of their own, and claiming "no one can claim me as a dependent". Is that an actual right that you can deny? Or is that just saying "I'm not eligible to be anyone's dependent last year"?

[xmasbaby0 · Accepted solution]

No.    If a person CAN be claimed as your dependent they do not need to give  permission to be claimed.   If he can be claimed and says incorrectly that he cannot be claimed that is a form of tax fraud.   Is this a battle over a stimulus check?

Here are the rules for claiming a dependent, and an IRS tool for who can be claimed, as well as some information for the person who thinks they need to give you permission to say they can be claimed.   Oh....and f the person still does not understand or files anyway saying they cannot be claimed, then you can still file and claim the dependent and print, sign and mail your return.  Then the IRS will sort it out and send a letter to both of you.

WHO CAN I CLAIM AS A DEPENDENT?

You can claim a child, relative, friend, fiance (etc.) as a dependent on your 2020 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 $4300  (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?

IRS interview to help determine who can be claimed:

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

https://ttlc.intuit.com/questions/3113432-who-can-i-claim-as-my-dependent  

https://ttlc.intuit.com/community/dependents/help/when-do-i-have-to-answer-yes-to-being-claimed-as-a...

[steve-erikson-ps]

Thank you for your reply.

I claimed her as a dependent both last year and this year when filing taxes. She lived with me every day of the entire year, made zero income, and I paid 100% for everything. I received a double stimulus check because she is my dependent, and now she is trying to tell me that was her money and she didn't have the right to spend it.

She is demanding I give her the money else is threatening to file taxes claiming "no one can claim me as a dependent". I've already filed mine. It was accepted long ago. I tried to tell her she cannot do this and she told me she has some this same thing to her mother in the past, and her mother had her wages garnished as a result.

I'm terrified.

[xmasbaby0]

Do not be terrified.    Is this your child?   Sorry--she has an inflated sense of entitlement.   It is not "her" money.   Dependents do not receive stimulus checks.   If she tries to e-file a return that says she cannot be claimed it will be rejected because you already filed and claimed her.   The IRS will not accept an e-file from her.   If she files on paper, it will take months for the IRS to hand process it... and they will look at the SSN and see that she was claimed as a dependent by a parent who could claim her either as a qualifying child or qualifying relative.   Then you will get letters from the IRS---and she can try proving to the IRS why she cannot be claimed.

[steve-erikson-ps]

No, it is my partner. I was pretty confident that she wouldn't be able to do what she's threatening to do, but when she said she did it to her mother in the past, it got me worried. So, she either lied and they believed her, or it was a different situation and she didn't actually qualify to be claimed as her mother's dependent. She hasn't worked in 3.5 years, I've paid everything. I don't even know how to prove to her this is my money and not hers. She thinks if she just didn't "let" me claim her on her taxes, it would have been deposited into her account and not mine. She is saying she is not going to "let" me claim her as a dependent when I file next year.

Sense of entitlement? You hit the nail on the head. I'm being tormented.

[xmasbaby0]

Sorry----if your partner lived with you all year in 2020 and had NO income or less than $4300 of income not including Social Security, then she can be claimed as your qualifying relative dependent---and the stimulus money for the 3rd check goes to you.   There is not an age limitation for the 3rd check ---for the first two stimulus checks the only dependents you could get checks for were dependent children under the age of 17.   Normally all you "get" for claiming a qualifying relative dependent is the $500 credit for other dependents.  For this year---just this year---you can get up to $1400 for the third stimulus check for a dependent of any age that you claim.   

Either your partner does not understand the tax law or maybe she is simply being greedy and entitled.  As for being "tormented"----we cannot advise you----if you want to live with someone who is tormenting you that is your choice.

CREDIT FOR OTHER DEPENDENTS

https://ttlc.intuit.com/questions/4499708-what-is-the-500-credit-for-other-dependents-family-tax-cre...

https://ttlc.intuit.com/community/children-dependents/help/what-does-financially-support-another-per...

[steve-erikson-ps]

Thank you so much for your answers. You have eased my mind and confirmed what I already believed to be true.

I think it's a bit of greed and misunderstanding!

I appreciate your help more than you know!

[NCperson]

you may want to complete this IRS tool as the proof you can certainly claim your partner (and show it to your partner or have them fill it out from YOUR perspective); otherwise all you have is a bunch of anonymous experts which might not win over your partner

https://www.irs.gov/help/ita/whom-may-i-claim-as-a-dependent

if the partner files and fails to check the 'CAN be claimed by someone else' button, that would be fraud. 

[steve-erikson-ps]

Thank you so much. I don't think she realizes what screwing around with the IRS can result in. I hope she makes good decisions. I appreciate each and every one of you and I'd still be in a panic if it weren't for you!