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posted Jun 6, 2019 8:01:40 AM

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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1 Best answer
Level 15
Jun 6, 2019 8:01:42 AM

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.

3 Replies
Level 15
Jun 6, 2019 8:01:42 AM

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.

Level 15
Jun 6, 2019 8:01:42 AM

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

Level 15
Jun 6, 2019 8:01:44 AM

@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.