Can You Claim a Pet as a Dependent? Unpacking a Bold IRS Lawsuit

If you've ever faced hefty vet bills, grooming costs, and specialty dog food expenses and thought, "Surely my pet is a dependent," you aren't alone. Recently, a legal case has been filed to challenge existing tax laws by claiming pets as dependents for tax purposes.

In December 2025, New York attorney Amanda Reynolds took an unprecedented step by filing a lawsuit against the IRS. Her aim? To have her eight-year-old golden retriever, Finnegan, legally recognized as a dependent under federal tax guidelines.

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This intriguing case poses a question many taxpayers consider annually: Can pet-related expenses be tax-deductible? And if not, why?

The Lawsuit: Arguing for Pet Dependency

In her court filing, Reynolds asserts that Finnegan meets the IRS criteria for a dependent due to:

  • Living with her full-time,

  • Having no other income source, and

  • Her contribution exceeding half of his estimated $5,000 annual care costs, including food and medical care.

A news report mentions Reynolds' claim that "Finnegan is like a daughter and definitely a ‘dependent’.” She supports her legal challenge with constitutional arguments, emphasizing that current laws discriminate based on "species" (an Equal Protection claim) and lack proper tax recognition (a Fifth Amendment claim).

Current Case Status

The suit is pending in the U.S. District Court for the Eastern District of New York but is temporarily halted as the IRS prepares a dismissal motion.

In the court's order, the judge acknowledges the unique aspect of the case regarding the classification of pets as dependents under tax law. However, the ruling suggests the lawsuit’s arguments are "unmeritorious on their face” and unlikely to succeed.

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In essence, while the case is both real and captivating, skepticism persists regarding its potential success.

The IRS Stance: Why Pets Aren’t Dependents

The lawsuit's core issue is that tax law defines a dependent as an “individual.” Under the Internal Revenue Code Section 152, a dependent is classified as a "qualifying child" or "qualifying relative," traditionally implying a human being.

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Consequently, IRS forms and rules exclude pets from being recognized as dependents. Dependents are listed with Social Security numbers or tax identification numbers, rooted in policies designed for human-centric family and household dynamics.

While Reynolds contends Finnegan meets dependency criteria functionally (lack of income, cohabitation, financial support from her), federal tax law is not equipped to encompass animals within its "individuals" classification.

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Animal Tax Benefits: Exceptions Within the Law

Although typical pet expenses aren't deductible, there are situations where tax benefits apply:

1) Service Animals and Medical Deductions

For trained, disability-assisting service animals, certain costs may be deductible as medical expenses if itemized.

The IRS elaborates that these deductions apply when medical expenses surpass the adjusted gross income threshold, covering costs directly related to medical care.

Note: Emotional support animals typically don’t qualify as service animals; service animals are explicitly trained for disability-related tasks.

2) Business-Related Animals

Animals integral to business operations can be classified as business expenses. Examples include:

  • Guard dogs protecting business property,

  • Animals involved in pest control for business purposes.

Such ongoing costs might be considered ordinary and necessary business expenses, contingent on clear documentation and justifiable business intent.

3) Foster Animal Charitable Deductions

Taxpayers fostering animals for qualified organizations might deduct unreimbursed expenditures as charitable contributions, given strict adherence to rules and recordkeeping.

Taxpayer Takeaways

This case highlights a relatable truth: pets are family to many, with associated costs to match. Yet, tax law prioritizes statutory definitions over emotional ties.

Thus, taxpayers should remember:

  • Pets can’t be claimed as dependents on federal returns.

  • Routine pet costs (food, grooming, routine vet care) are generally non-deductible personal expenses.

  • Certain animal-related expenses might qualify for deductions in specific scenarios – service animals, business animals, or foster-related charitable expenses.

While the Reynolds lawsuit is intriguing, it's primarily a talking point about evolving family dynamics and financial dependencies, not a shift in federal tax policy permitting dependent ID numbers for pets.

Take Control of Your Tax Situation
We’ve helped countless individuals and businesses get back on track with the IRS. Reach out today for a confidential consultation and start moving toward financial relief.
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