How can I claim the domestic partner dependency income cap exemption detailed in Q12 of https://tinyurl.com/39k99r6u?

[DadGlasses]

Tl;dr, the answer suggests that domestic partners CAN be marked as dependents EVEN IF their income is over the $5,050 maximum, specifically "Unlike the requirements for section 152(d) (dependency deduction for a qualifying relative), section 105(b) does not require that Partner A's gross income be less than the exemption amount in order for Partner A to qualify as a dependent." How can I go about claiming a dependent who makes over 5,050 in turbotax online?

[DaveF1006 · Accepted solution]

Yes, if your dependent qualifies as a dependent under section 105(b) for reimbursements of expenses for medical care, they qualify to be your dependent, despite the income threshold.. The issue is, Turbo Tax does not have a provision for this in the software. If you report your dependent made over $5050 for the year, they are disqualified as a dependent.

The only thing you can do is say no to the question regarding the income requirement. If you are contacted by the IRS, you can explain your partner qualifies under Section 105(b) exclusion but Turbo Tax had no provision in the software to account for this. If you choose to report this in this manner, make sure you have documentation and medical receipts to prove your claim.

[DadGlasses]

Do you know if Turbotax allows for manually attaching things / editing the return directly? Sounds like not from what you're saying, but want to double check to make sure I'm not missing anything. 

[KeshaH]

TurboTax does not allow documents to be attached to your return. If it's determined that you're required to attach documents, you'd need to mail the documents (you can still e-file the return). If you want to attach documents that you're not required to attach, you will need to print your return and mail it in.