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You are here: Experts > Business > Corporate Law > Tax Law (Questions About Taxes) > IRS 105b
Expert: MEdusa - 11/6/2009
Question
My employer allows us to put our significant other on our medical as a domestic partner. On the form it asks if my domestic partner is a dependent for tax purposes. This determines whether or not the medical premiums are pre or post tax. Can I claim him as a dependent or head of household? He had no income in 09 and won't be filing a tax return for this year.
Answer
you can take him as a dependent. he should file a zero return claiming zero and you can claim (assuming you provide 50% of his support, etc which apparently you do - shelter food, and medical all count). dependent does not have to be child (can be parent, etc too!)
should make it pre tax and save the matching fica for boss and you the income tax on the copay. and not have it included in your wage base.
similar problem for gay couples - coverage is usually taxable because working partner is not able to be a dependent. but with him not currently making income, you should be safe. caution when he gets a job and is no longer able to be a dependent.
MEdusa.
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