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Just to add another perspective - my wife and I were in almost the identical situation with my wife's younger cousin who lived with us throughout college. We provided housing, food, utilities, etc. while she was responsible for her own tuition (through loans) and personal expenses. We claimed her as a qualifying relative for two years with no issues. The key factors were: 1) She lived with us for more than half the year (college housing counted as temporary absence), 2) We provided more than half her total support, 3) Her income was under the threshold, and 4) Her parents weren't claiming her. Make sure you document everything though! Keep receipts for major expenses, utility bills showing your address as her residence, maybe even a written statement from her confirming the living arrangement. We didn't need any of this documentation, but better safe than sorry.
This is really helpful! How did you calculate the value of housing and food to determine that you provided more than half her support? I'm trying to figure out how to quantify that properly.
For housing, I used the fair rental value of the room she stayed in (looked at comparable rooms for rent in our area) plus a percentage of utilities based on our household size. For food, I tracked grocery expenses for a couple months and calculated her portion based on that. I also included car insurance since we added her to our policy, cell phone costs since she was on our family plan, and medical expenses we covered. For her part of the support equation, I included her earnings from her part-time job, scholarships that covered room and board (not tuition), and any other financial help she received. The IRS has a worksheet in Publication 501 that helps with this calculation. The key is being able to show that your contribution exceeded 50% of her total support from all sources. In our case, the housing value alone was significant enough to clearly demonstrate we provided most of her support.
Has anyone used TurboTax to claim a non-relative dependent? I'm tryin to do this exact thing but the software keeps asking for a relationship and none of the options fit. Do I just pick "other dependent"??
On TurboTax you should select "Other" when it asks for the relationship. Then when it asks if this person lived with you all year, select "Yes" (assuming they did, or if they were away at college but your home was their main residence). There's also a section where it will ask you to verify that you provided more than half their support.
Something nobody's mentioned yet - if your mother-in-law is from Canada, check if there's a tax treaty that might affect this situation. Some treaties have specific provisions about dependents and what counts as "residency" for tax purposes.
Do you know where I can find info about tax treaties? My in-laws are from India and I've wondered about this too.
You can find tax treaties on the IRS website - search for "United States Income Tax Treaties A to Z" and you'll find a list of all countries with treaties. For more detailed information, look for IRS Publication 901 (U.S. Tax Treaties). For India specifically, there is a tax treaty, but dependency rules are complex. The treaty mainly covers things like double taxation of income, but personal exemptions and dependent status are usually determined by the regular IRS rules I mentioned earlier.
If the mother visits from Canada for 8 months, wouldn't she technically be considered a US resident under the substantial presence test? That might change things completely.
Good point! I think the substantial presence test is 183 days (about 6 months) in a calendar year, so at 8 months she'd likely meet that. Would that make her ineligible as a dependent?
I work in retail (not a tax professional) but we deal with this sometimes. The company is probably issuing the 1099-MISC because they're treating this as a settlement payment rather than a simple refund due to the dispute process and attorney general involvement. The W-9 requirement and notary signature make me think they're documenting this carefully for their own legal protection. You definitely shouldn't pay taxes on a refund for something you purchased - that would be double taxation.
Thanks for the insight from the retail perspective. Do you think I should just go ahead and sign their paperwork to get my money back, or try to push back on the 1099-MISC part? I'm worried that signing means I'm agreeing to their classification of this as something other than a simple refund.
I would go ahead and sign to get your money back. Fighting them on the 1099 issue will likely just delay your refund further, and you've already waited almost a year. The important thing is how YOU handle it on your tax return, not how they classify it. When you file your taxes, you can properly categorize it as a refund rather than income regardless of what form they send. Just keep good documentation of the original purchase, the return attempt, and all communications about this being a refund for a returned item. That way, if there's ever a question, you have clear evidence this wasn't income.
Something similar happened to me and I found out the company was reporting it as a 1099-MISC because the refund included extra compensation for the hassle beyond just the item cost. Did they mention if they're giving you any extra money beyond the original purchase price? That portion would actually be taxable.
Something no one has mentioned yet - check if there's a tax treaty between the US and Canada that might affect your situation. Many countries have treaties with the US that can impact how international students are taxed. Some tax treaties have specific provisions for students that might override the regular dependent rules. Your girlfriend should also check if she's required to file Form 8843 (Statement for Exempt Individuals with a Medical Condition) which most international students need to file even if they don't have income.
That's a good point about the tax treaty - I didn't even think about that angle. Do you know if these tax treaties typically address dependents specifically, or are they more focused on the student's own tax obligations? Also, I've never heard of Form 8843 before. Is that something she would file separately from her regular tax return?
Tax treaties typically focus more on the student's own tax obligations rather than their status as someone else's dependent. The US-Canada tax treaty (Article XX) has provisions that may exempt certain scholarship or fellowship income from US taxation for Canadian students, but it doesn't directly address dependent status. Form 8843 is filed separately if she doesn't need to file a tax return, or alongside her tax return if she does need to file one. All F-1 students must file this form regardless of whether they earned any income, as it's essentially telling the IRS "don't count my days in the US for the substantial presence test because I'm exempt as a student.
The other commenters have great points, but I want to add that you might want to look into whether you qualify for the "Other Dependent" credit which is part of the Credit for Other Dependents. Even if she doesn't qualify as a full dependent due to her income, you might still be eligible for a partial credit if you're providing significant support.
Miguel Harvey
One important thing nobody's mentioned yet - if you file jointly, you're BOTH responsible for the entire tax bill and any potential errors on the return. Sometimes filing separately makes sense if one spouse has sketchy tax situations, tons of self-employment income with questionable deductions, or past tax problems. Also, if either of you has income-based student loan payments, filing jointly might increase those payments since they'll be based on your combined income. Something to consider if you or your fiancΓ©e has significant student debt.
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Ashley Simian
β’What about medical expense deductions? My husband has a lot of medical costs but I don't. Does filing jointly or separately matter for that?
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Miguel Harvey
β’Medical expense deductions are definitely impacted by filing status. For 2025, you can only deduct medical expenses that exceed 7.5% of your adjusted gross income (AGI). If you file separately, only your husband's medical expenses and AGI would be considered for his return. Here's a simple example: If your husband's AGI is $40,000 with $10,000 in medical expenses, and yours is $80,000 with minimal medical expenses, filing separately would let him deduct anything over $3,000 (7.5% of $40,000). So he could deduct $7,000. But filing jointly with a combined AGI of $120,000 means you'd only deduct expenses over $9,000 (7.5% of $120,000), reducing your deduction to just $1,000. In cases with large medical expenses, running calculations both ways is definitely worth it.
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Oliver Cheng
Does anyone know if paying for TurboTax is worth it when you're married? The free version doesn't let you itemize deductions which seems important for homeowners, but the paid versions are like $100+. Are there better options for couples who want to make sure they're making the right filing choice?
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Taylor To
β’I've used FreeTaxUSA for the last few years - it's free for federal and like $15 for state. It handles all the married filing jointly stuff perfectly and lets you compare filing jointly vs separately to see which saves more. WAY cheaper than TurboTax and does basically everything the paid version does.
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