Can the government take my tax return if I claim my bf as a dependent if they took his entire tax return last year bc of unpaid student loans?

[abbycurtis]

My boyfriend is a stay at home dad to our two chilren, and we are unmarried. I pay for everything.   If there is a chance that they are going to take my tax return for claiming him, I will not claim him as a dependent.

[bluedeb · Accepted solution]

Your refund cannot be taken for someone you claim as a dependent (even if the dependent owes the IRS or State)

Who is a dependent?
https://ttlc.intuit.com/questions/1894472-who-is-a-dependent

[DoninGA]

If you claim your bf as a dependent on your federal income tax return and he has unpaid debts, your refund cannot be intercepted for those debts.

Make sure that he is eligible to be claimed as a dependent under the qualifying relative rules.

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 $3,900 (social security does not count) in 2013

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.

[SweetieJean]

Just be aware that the IRS can attache any joint property (including bank accounts) that you own together.

[abbycurtis]

We don't own joint accounts.  Thanks for that tho!

[Anita01]

If you claim him as a dependent, you will be liable for providing his medical insurance if he has none

[abbycurtis]

Would this be the same amount of deduction as a child 16 and under would be?

[bluedeb]

You would receive a personal exemption (for 2013 the amount is $3,900) if you claim your boyfriend as a dependent which is the same amount for any dependent included on your return.  Claiming your boyfriend does not qualify you for Head of Household but your children would.

[abbycurtis]

I know this does not qualify me; however, since we have two children (whom are small) I am certain it does.

[DoninGA]

A qualifying child would make you eligible for Head of Household.  See the head of household rules at the following IRS website -
<a href="http://www.irs.gov/publications/p501/ar02.html#en_US_2012_publink1000220775" rel="nofollow" target="_blank">http://www.irs.gov/publications/p501/ar02.html#en_US_2012_publink1000220775</a>

[Gurlthinktank]

My state refund was offset due to my boyfriend having back child support. We are not married and I claimed him and both children as dependents and I filed Head of Household. 

Is State of California different than Federal?

[DoninGA]

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@Gurlthinktank  wrote:

My state refund was offset due to my boyfriend having back child support. We are not married and I claimed him and both children as dependents and I filed Head of Household. 

Is State of California different than Federal?

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You will need to contact the state to find out why your state refund was seized for his debts.

Go to this CA website - https://www.ftb.ca.gov/help/contact/index.html