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Lev, Tax Advisor
Category: Tax
Satisfied Customers: 29558
Experience:  Taxes, Immigration, Labor Relations
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I recently discovered that I am able to claim my disabled boyfriend

Resolved Question:

I recently discovered that I am able to claim my disabled boyfriend who lives with me as a dependent on my taxes. I was able to do that on this year's taxes but now and checking to see if I can amend my 2009 return. He receives a small amount of SSI income per month but I pay at least 50% of his living expenses and he has lived with my for 3 years. I have the 1040X form but need some assistance in completing it. When I look at the form it does not look like it is the right form as he is not a child dependent. Am I using the right form? And can I go back and claim him for 2009?

Submitted: 6 years ago.
Category: Tax
Expert:  Lev replied 6 years ago.

Hi and welcome to Just Answer!

There is no limit on amending past tax returns.

The statute of limitation which is in most situation three years applies to claim of additional refund.

Thus the statute of limitation to claim a refund for 2007 started on the due date of the return Apr 15, 2008 and run out on Apr 15, 2011.

However - you still may claim a refund for 2008 and later years.

You should use the form 1040X.

Your boyfriend is not a qualifying child, bu he is a qualifying relative if lived with your the whole tax year - and you may claim him as a dependent.

Let me know if you need any help.

Lev and other Tax Specialists are ready to help you
Customer: replied 6 years ago.



I am not sure if I am completing the form correctly. Can you walk me through it? This is not adjusting the income so I assume I just copy the figures from my original 2009 return. Help!



Expert:  Lev replied 6 years ago.

You may post your forms here - and I will take a look.

Please be sure to remove all personal information because all posts are not confidential and available for general public.

You may also post line numbers and amounts and I will verify.

Customer: replied 6 years ago.

I don't have the forms online to email them to you or attach them. I really just need to know how much of the 1040X form I need to complete. Am I claiming him as an exemption? If so it tells me to complete lines 1-22 on the 1040X form using lines 7-21 from my 2009 1040 form. Is this correct? What documents do I need to submit with this form? Do I need to provide proof of his SSI income? Or proof that he lives at my address?



Expert:  Lev replied 6 years ago.

You will use the form 1040X -\

you should add an exemption for him on the line 26 - and calculate the total exemptions on the line 27 - and line 30 has to be recalculated as well.

The amount from the line 4 will go to the line 4, and the line 25 will be reduced taxable income.

I may not tell you exact amounts because I do not see your original amounts.

Please post amounts from your original return into column A - and will help you with the rest.

You do not need any documents unless the IRS specifically ask for anything in additional.

Line 31 - add information about your boyfriend and in the Part III - write explanation.

Customer: replied 6 years ago.

My original adjusted gross income was $43,592.00. My exemption was $3650.00. Now I am trying to claim disabled boyfriend who has a yearly income from SSI of $5392.08. I can't seem to get the form attached to this email What additional information do you need?


Thanks so much for your help with this!

Expert:  Lev replied 6 years ago.


line 1 - $43,592 will be in both columns (a) and (c)

line 2 - whatever you had on your original tax return

line 4 - (a) $3650 (b) $3650 and (c) $7300

line 5 - calculate your taxable income

line 6 - (a) will be your tax liability from your return and (c) calculated based on the value from line 5.

Hope that helps.

If you want me to verify - I need all lines and amounts that are not zeros.