Filing joint return but not married

3 replies
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can i file a joint return with my live in? We have been in the same household all year, her income is SSI disability of $8400.00 so she can't be a dependent.

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JennyC

Level 4

Hello,

You must be either legally married according to the laws of your state or you live in a Common Law marriage state and have presented yourself and your partner as being married, to file a tax return as Married.

1salmonfisher

Level 2

I have been living with a female for about 16 years. She has not worked since 2009. I pay 100% of all the bills for the last several years. She is in my will. She has paid no taxes since she lost her job in 2009. She does not receive any support from the state, except medical. She is not claimed on any ones tax forms. Her birthday 10/13/1959. She is not disabled. Can I claim her as an exemption?

DoninGA

Level 15

@1salmonfisher wrote:

I have been living with a female for about 16 years. She has not worked since 2009. I pay 100% of all the bills for the last several years. She is in my will. She has paid no taxes since she lost her job in 2009. She does not receive any support from the state, except medical. She is not claimed on any ones tax forms. Her birthday 10/13/1959. She is not disabled. Can I claim her as an exemption?

You may be able to claim her as a nonrelative dependent under the Qualifying Relative rules if she meets all the requirements.

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 $4,200 (social security does not count) in 2019
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.