Solved: My fiance is incarcerated in NY, am i able to claim him on my taxes? he has been in prison for few years so he hasn't been living with me.
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kayk2284
New Member

My fiance is incarcerated in NY, am i able to claim him on my taxes? he has been in prison for few years so he hasn't been living with me.

what documents are necessary?
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Accepted Solutions
DoninGA
Level 15

My fiance is incarcerated in NY, am i able to claim him on my taxes? he has been in prison for few years so he hasn't been living with me.

No you cannot claim him as a dependent since he has not lived with you for the entire year.  To claim someone as a dependent who is not related to you they must live in your home for the entire year under the Qualifying Relative rules.

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3 Replies
DoninGA
Level 15

My fiance is incarcerated in NY, am i able to claim him on my taxes? he has been in prison for few years so he hasn't been living with me.

No you cannot claim him as a dependent since he has not lived with you for the entire year.  To claim someone as a dependent who is not related to you they must live in your home for the entire year under the Qualifying Relative rules.

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SweetieJean
Level 15

My fiance is incarcerated in NY, am i able to claim him on my taxes? he has been in prison for few years so he hasn't been living with me.

"he has been in prison for few years" If you did claim him any of those years, you must amend to "unclaim" him.
xmasbaby0
Level 15

My fiance is incarcerated in NY, am i able to claim him on my taxes? he has been in prison for few years so he hasn't been living with me.

@kayk2284 If you have been giving/sending him money, that is a gift to an individual, and is not deductible on your tax return, either.
**Disclaimer: Every effort has been made to offer the most correct information possible. The poster disclaims any legal responsibility for the accuracy of the information that is contained in this post.**
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