Question for all you income tax filing pros!

I live with my fiance. She didnt work. Can I claim her as a dependant?

Depends on how you plan to file.

If you provided more then 50% for her, perhaps on filing method.

Quickest answer, would probably be Head of Household.

Yes....but my answer doesn't count because I file Canadian taxes! lol

I'm thinking Head of Household also.
*hi-jacks thread to ask her own question*

Why is it that I need to claim my state tax refund as income on this year's federal return? Was the refund not for overpayment of taxes? Why must I be taxed on my overpayment of taxes??

Governments stealing money is all. Its all to pay local, state and federal government officials. How else can they afford 6 figure salaries, and million dollar mansions? And not "really" work.

Yes it sux that we have to claim our tax refunds as income.

Head of household Luis might be fastest easiest.

You may gain a few buck by itemizing, and proving her as dependent.

That's the wierdest thing ever...what a rip...

Well, Im going to guess that State withholdings get subtracted from your pay before Federal, so Uncle Sam didnt get his cut of that...

Same way that you get whacked on taxes if you grab cash out of any tax-free retirement kind of thing.

If you claim her as your dependent (there is a list of qualifications on the tax form), she cannot file and claim herself, nor can anyone else claim her. There is a definition of several types of dependent. If she fits those definitions, you can claim her.

I believe that is correct, atleast in the governments eyes.

I'm almost 100% sure that you will also need some hard proof of existance for said dependant. Also don't you love it how people working for the government, military included, pay taxes, which in turn... pay their salaries?? I Love it!

Well I know the definition of dependant, but it can get a bit hazy when it comes to people that are not "normal" dependants, like step parents and whatnot. Shes also not claiming herself and no one else is claiming her (that part I know too from doing my own taxes previous years).

As far as Ive always known, a dependant was a FAMILY MEMBER for whom you have had a financial RESPONSIBILITY for the past year. In this case, Andy fits neither (she is neither family [not yet], nor am I legally financially responsible for her [she can walk out whenever she wants]).

As far as the solid proof... you really cant have TOO much of a "solid" proof cause... you dont get receipts for your mortgage or rent payment, you dont get receipts for utilities, it is understood that food will be purchased for the house so they dont expect you to come up with grocery receipts... all these things Ive asked already. The only thing Id need to provide receipts for is like her clothes and anything like schooling or stuff like that (which 1. I dont have and 2. she hasnt done).

I think Im just gonna play it safe and claim HoH with my niece (shes been stayin with me).

Haven't looked into who can be labeled a "dependant" for tax purposes, if you can find a label she can fit in use it, what I meant by solid proof of existance was of her being an actual person and not imaginary, the government needs to see something i.e. SSN, Birth Cert., etc. so they know she in fact does exist and can be used as a dependant (once again if she fits in any of their labels). But playing it safe claiming as HoH is the easy route and I think you can go back some number of years if there was something missed during the filing so if a year or two down the road you stumble on something like Dependant: Someone who latched onto claimee and sucked a portion of their income for personal use. Then you can claim it in future years.

If you were financially responsible for more than 50% of her expenses in 2005, you can claim her as a dependent. My wife and I lived together for 4 years before we were married, and I claimed her and my step-daughter as dependents every single year with no trouble at all.