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Research Corporation of the University of Hawaii (RCUH)
Affidavit of Dependency for Tax Purposes
Please complete this form if:
1. Your Domestic Partner qualifies as a dependent for Federal and State tax purposes OR
2. Your Civil Union Partner qualifies as a dependent for Federal tax purposes.
We, ____________________________, (the “Employee”) and, ____________________________,
(the “Domestic Partner/Civil Union Partner”), being duly sworn, under penalty of perjury say:
1. For the current taxable year of the Employee, over half of the Domestic Partner/Civil Union
Partner’s support is received from the Employee.
2. For the current taxable year of the Employee, the Domestic Partner/Civil Union Partner has as
his or her principal place of abode the home of the Employee.
3. For the current taxable year of the Employee, the Domestic Partner/Civil Union Partner is a
member of the Employee’s household.
4. The Domestic Partner/Civil Union Partner is a citizen of _____________________________.
(Country)
5. The Domestic Partner/Civil Union Partner is currently a “resident” of
___________________________________.
(Country)
EXPLANATION: Under Section 152 of the Internal Revenue Code, as it pertains to health benefit plans, an
individual may qualify as a “dependent” of an employee for tax purposes if: (a) the employee provides over
one-half of the individual’s support for the employee’s taxable year, (b) the individual has the same principal
place of abode as the employee for the entire taxable year, (c) the individual is a member of the employee’s
household for the entire taxable year, and (d) the individual is a citizen or national of the UNITED STATES
or a resident of the UNITED STATES or a country contiguous to the UNITED STATES
If the answer to Question 4 was “United States”, skip to Question 8. If not, continue on to Question 5:
EXPLANATION: Under Section 7701(b) of the Internal Revenue Code, an alien is treated as a “resident” of
the United States for tax purposes is such individual is lawfully admitted for permanent residence in the
United States or meets the “substantial presence” test. To meet the “substantial presence” test, an individual
must generally: (a) be present in the United States for at least 31 days during the current calendar year, and
(b) the sum of the number of days on which the individual was present in the United States during the
current calendar year and the 2 preceding calendar years (when multiplied by the applicable multipliers)
equals or exceeds 183. The applicable multipliers are: 1 for the current year, 1/3 for the 1
st
preceding year,
and 1/6 for the 2
nd
preceding year. The following individuals are not “residents” of the United States for tax
purposes and, thus, can never be “dependents” for tax purposes:
A foreign government-related individual temporarily present in the United States on a diplomatic or
consular VISA, a full-time employee of an International organization, or a family member of such
person.
A teacher or trainee temporarily present in the United States.
A student temporarily in the United States.
A professional athlete temporarily in the United States to compete in a charitable sports event.
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6. The Domestic Partner/ Civil Union Partner is currently lawfully present in the United States
under the following type of VISA: ________________________________.
7. The Domestic Partner/Civil Union Partner meets the “substantial presence” test as the actual
number of days the Domestic Partner/Civil Union Partner has been lawfully present in the
United States during the current year and the 2 preceding years is:
___________ (# of days in the USA, current year) x 1 = ____________
___________ (# of days in the USA, 1
st
preceding year) x 1/3 = ____________
___________ (# of days in the USA, 2
nd
preceding year) x 1/6 = ____________
Total of above (must equal or exceed 183) = ____________
8. Our state of permanent residence for purposes of the test required by Section 152 (b) (5) of the
Internal Revenue Code is ________________.
(State)
9. We understand that if the Domestic Partner/Civil Union Partner is not a “dependent” of the
Employee, we may incur various tax liabilities in connection with obtaining health care coverage
for the Domestic Partner/Civil Union Partner. We therefore agree to notify the RCUH within 10
days if there is any change in the Domestic Partner/Civil Union Partner’s status as a
“dependent” of the Employee. In addition, we shall indemnify and hold the RCUH harmless for
any taxes, tax related penalties, or interest imposed upon the RCUH as a result of providing
Domestic Partner/Civil Union Partner coverage to us, including any taxes, tax related penalties,
or interest imposed as a result of our taking the position the Domestic Partner/Civil Union
Partner is a “dependent” of the Employee for tax purposes.
10. We agree that each of us is jointly and individually responsible for reimbursement of benefits
and expenses, including interest, attorney’s fees, and collection costs as a result of any false or
misleading statement contained in this affidavit and related applications and submissions to the
RCUH.
If the type of VISA is “permanent resident” skip to Question 8. If not, answer the following questions:
EXPLANATION: Under Section 152 (f)(3) of the Internal Revenue Code provides that an individual is not a
member of the taxpayer’s household if at any time during the taxable year of the taxpayer, the relationship
between such individual and the taxpayer is a violation of local law.
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This section to be completed in the presence of a NOTARY PUBLIC
Each of us affirms, under penalty of perjury under the laws of the State of Hawaii, that we are the
respective undersigned signatories, the statements in this affidavit are true to the best of our
knowledge, and this affidavit and related application instruments are the free act and deed of each of
us.
___________________________________ _________________________________________
Employee’s Signature Domestic Partner/Civil Union Partner’s Signature
___________________________________ _________________________________________
Print Employee’s Name Print Domestic Partner/Civil Union Partner’s Name
___________________________________ _________________________________________
Employee’s SS# Domestic Partner/Civil Union Partner’s SS#
Employee/Domestic Partner/Civil Union Partner Address:
______________________________________________
______________________________________________
______________________________________________
Subscribed and sworn to before me Subscribed and sworn to before me
This _____ day of ______________, 20 ___. This _____ day of ______________, 20 ___.
_______________________________________ _______________________________________
Signature of Notary Public Signature of Notary Public
_______________________________________ _______________________________________
Notary Public – State of Hawaii (Print name) Notary Public – State of Hawaii (Print name)
My commission expires: ________________ My commission expires: ________________
Provide Notary Seal below: Provide Notary Seal below: