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Can I check the tax dependent box on my partner's health insurance paperwork?

San Francisco, CA |

My partner's employer will provide health insurance benefits to me if my partner declares me a non-regsitered domestic partner. I've been disabled and unable to work since Feb '13. We have lived together off an on with interruptions due to education in another city. Partner's new job starts at the beginning of the fiscal year July 1. I've been completely dependent on her financially save for two paychecks in Jan and Feb '13 when I was hurt on the job.

Attorney Answers 3

Posted

I don't believe you are allowed to alter someone else tax documents without authorization. Id' check with a lawyer or tax accountant before proceeding

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Asker

Posted

Mr. Freda - apologies - I misspoke; I wouldn't dream of altering a document! Kindly see my explanation below. Thanks for replying to get me to clarify!

Posted

Please clarify whether you are asking if you meet the definition of a dependent or whether you want to change her paperwork.

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Asker

Posted

she and I are filling out a "declaration of non-domestic partnership" document furnished by employer to accompany health insurance enrollment docs. The declaration makes no mention of taxes or tax dependency status. The health ins. ppwk does, of course use such terminology, as the value of my plan's monthly premium is added as imputed income to partner's paycheck (increasing her taxable income?!) unless I am a tax dependent; it is difficult for me to determine if I am or not based on the fiscal and calendar tax year part of whatever I'm reading on the IRS website; I feel there's got to be a way to know if I am and if not at what point I will be. Seems like lots of tax dependency language across the field contains lots of of "did you... half the time" and "were they... more than half the year" however from what I am reading these are all, and, most unfortunately moot points considering the tiny gross income threshold that A) is in dispute via DFEH suit and B) I inched past in February and became disabled and wholly dependent on my partner overnight. Would be a shame if I weren't a TD.

Asker

Posted

Oh, and, Ms. Campbell, many thanks for your reply to my question.

Linda Simmons Campbell

Linda Simmons Campbell

Posted

If I understand you correctly you are asking whether you will be considered a dependent when she files her tax return. The test for whether she can take you as a dependent is as follows: 1. Not a qualifying child test. A child is not your qualifying relative if the child is your qualifying child or the qualifying child of any other taxpayer. 2. Member of household or relationship test. To meet this test, a person must live with you all year as a member of your household. You are not related so the relationship test does not apply to you. 3. Gross income test. To meet this test, a person's gross income for the year must be less than $3,900. This includes income from before and after you became disabled and would include any income from a lawsuit. 4. Support test. To meet this test, you generally must provide more than half of a person's total support during the calendar year. I cannot tell you if she is providing more than half of your support. You need to look at your expenses and what you are able to contribute to the household including any disability income, state aid, assistance from another family member or friend, etc. If she is providing more than half of your support then you meet the test. I hope that answers your question.

Posted

I think you need to become a registered domestic partner.

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