If you support children, relatives, or even non-relatives, you may be able to claim them as dependents on your tax return. Specifically, if someone qualifies as a dependent, you may claim them on your tax return unless you or your spouse qualifies as a dependent for another individual. It is important to remember that if someone else may claim you (or your spouse, if filing jointly) as a dependent, whether or not they actually claim you, then you may not claim any dependents nor take any tax exemptions, even for yourself.
Answers to FAQs for Individuals of the Same Sex Who Are Married Under State Law
Here are some answers to frequently asked questions relating to the tax consequences for individuals participating in a same-sex marriage.
*When are individuals of the same sex lawfully married for federal tax purposes?
For federal tax purposes, state or foreign law determines whether individuals are married.
*Can same-sex spouses file federal tax returns using a married filing jointly or married filing separately status? Yes.
- For tax year 2013 and going forward, same-sex spouses generally must file using a married filing separately or jointly filing status.
Child and Dependent Care Credit Explained (26 U.S.C. §21)
Federal courts have long held that expenses incurred by taxpayers for the care of dependents, such as a daycare or babysitting expense, while the taxpayer is away from home and at work, are not deductible under I.R.C. § 162(a). However, taxpayers who incur daycare expenses for their children or disabled adult dependents may be eligible for a federal tax credit of up to 35% percent of the cost of day care. To qualify for the child and dependent care credit, you must have a dependent child age 12 or younger, or a dependent of any age who cannot care for himself or herself. You may calculate your tax credit on IRS Form 2441.