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Tax Code Debate: Can Dogs Be Dependents?

As pet owners, we often find ourselves grappling with mounting costs, from vet visits to specialty foods. Like many, New York attorney Amanda Reynolds sees her golden retriever, Finnegan, as a bona fide family member. So much so, she’s taken her case to federal court, hoping to redefine tax laws to count pets as dependents.

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In December 2025, Reynolds initiated a lawsuit against the IRS to acknowledge her dog as a tax-dependent. This unusual litigation taps into a common tax query: Are pet expenses deductible? Why not?

The Lawsuit: "Our Pets Deserve Recognition"

Reynolds’ claims include:

  • Finnegan lives under her roof full-time.

  • He generates no income.

  • She fronts over half of his upkeep, exceeding $5,000 annually on necessities like food and medical care.

She's pushing constitutional angles, suggesting discrimination occurs between different "species" under Equal Protection laws, while emphasizing a Fifth Amendment infringement due to the IRS's stance on pets.

Current Case Status

The lawsuit is presently with the U.S. District Court for the Eastern District of New York. Proceedings are paused as the IRS seeks a dismissal, with courts highlighting the "unmeritorious" appearance of her claims, yet acknowledging the "novel" nature of the debate.

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Tax Code Clarity: Why Pets Aren't Dependents

Under Internal Revenue Code Section 152, a dependent must be an "individual,” historically denoting humans. Thus, IRS guidelines don’t entertain pets as dependents, requiring identification numbers tied to human dependents for tax credits or deductions.

Existing Tax Benefits for Pet Owners

Despite predominant exclusions, some animal-associated deductions hold:

1) Service Animals as Medical Deductions

Expenses for a trained service animal aiding with disabilities can qualify as medical deductions, subject to itemization.

As the IRS outlines, these deductions must surpass a certain AGI threshold. However, emotional support animals do not meet service animal definitions.

2) Business Expense Deductions for Animals

Animals leveraged within a trade or business—such as a guard dog or pest control animal—might qualify for business expense claims when properly documented.

3) Charitable Deduction Ties for Foster Animals

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While uncommon, individuals fostering animals from qualifying organizations may deduct certain unreimbursed expenses as charitable contributions.

Key Takeaways for Taxpayers

The Reynolds case brings to light a sentiment shared by many: pets embody family. However, tax laws prioritize statutory definitions over emotions.

  • No dogs or cats can currently be claimed as dependents on federal returns.

  • Typical pet costs remain non-deductible.

  • Certain exceptions exist, such as expenses tied to service animals or specific business roles.

As the case progresses, it is less about anticipating IRS changes and more about spotlighting how tax policy diverges from modern familial dynamics, encouraging taxpayers to carefully discern IRS rules before assuming any costs are deductible.

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