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Lane
Lane, JD, CFP, MBA, CRPS
Category: Tax
Satisfied Customers: 10846
Experience:  Law Degree, specialization in Tax Law and Corporate Law, CFP and MBA, Providing Financial & Tax advice since 1986
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My employer will not take imputed income tax domestic

Customer Question

my employer will not take imputed income tax for my domestic partner (listed as such through the company i work for) off of my paycheck. we live in texas, and this will be adding about ~8300 a year to my income, she is also listed as a dependent on my tax return. i thought it wasnt possible for imputed income to be put on someones paycheck if they qualify (per irs guidelines) as a dependent. since they wont remove the tax is there any way to deduct this come tax time
Submitted: 1 year ago.
Category: Tax
Expert:  Lane replied 1 year ago.
Hi, Althought there is no deduction (other than the fact that if a partner qualifies as a dependant, there is the additional 4000 personal exemption, and the abiity to deduct helth education and the other things that come with dependancy) you are correct ... There should BE no imputed income..Based on IRS requirements, imputed income applies only for coverage of an individual who is not your tax dependent. If your domestic partner (or your partner's child) qualifies as your tax dependent under Section 152 of the Internal Revenue Code, you should have no imputed income..To do this, the domestic partner and partner's children must: a) receive over 50% of his or her support from you for the year; and, b) have as his or her principal abode your home for the entire year, and be a member of your household, as you likely know, if you are already taking the dependency exemption..I would take your tax return to your HR department, (to document that your partner qualifies as a dependant), and demand that they remove and adjust..You should refer them to the tax code. Here's your citation: 26 U.S. Code § 152.Please let me known if you have any questions at all..Lane.If this HAS helped, I would appreciate a positive rating (using the stars or smiley faces on your screen)… That’s the ONLY WAY I'll be credited for the work here, Thanks! … However, if you need clarification, or want to discuss this issue further, be sure to come back here, so you won’t have to pay for an additional question. .
Expert:  Lane replied 1 year ago.
Hi,
I’m just checking back in to see how things are going.
Did my answer help?
Let me know…
Thanks
Lane
Expert:  Lane replied 1 year ago.
Hi,
I’m just checking back in to see how things are going.
Did my answer help?
Let me know…
Thanks
Lane