Dependent

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  • nypreparer
    Member
    • Jan 2022
    • 51

    #1

    Dependent

    A new client came in and has always claimed her live in significant other on the return because his income is "so low". However, the significant other has a business that gross's over $100k. Unless I'm misunderstanding this, he CANNOT be a dependent because his gross income is over $5,050, correct? The net income is irrelevant.
  • spanel
    Senior Member
    • Oct 2008
    • 845

    #2
    Correct, gross income

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    • FEDUKE404
      Senior Member
      • May 2007
      • 3649

      #3
      Kinda makes you wonder how the tax returns for the significant other have passed IRS muster?

      Comment

      • Rapid Robert
        Senior Member
        • Oct 2015
        • 1983

        #4
        Originally posted by nypreparer
        he CANNOT be a dependent because his gross income is over $5,050, correct? The net income is irrelevant.
        I believe you can deduct cost of goods sold to arrive at gross income for a business.



        "You said it, they'll never know the difference. Come on, we'll paint our way out!" - Moe Howard
        "That's enough! When you didn't know what you were talking about, you really had something! [to Curly]" -Moe Howard

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        • New York Enrolled Agent
          Senior Member
          • Nov 2006
          • 1532

          #5
          Originally posted by nypreparer
          ". However, the significant other has a business that gross's over $100k. Unless I'm misunderstanding this, he CANNOT be a dependent because his gross income is over $5,050, correct? The net income is irrelevant.
          Gross receipts is not the same as gross income. RR is correct- Look at a Schedule C - line 1 versus line 7. Line 7 is the gross income.

          Review Reg. 1.61-3 for the authority. If the gross receipts are over $100K, generally the gross income would likely be in excess of the $5,050 threshold but they are two different concepts.

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