Family Who Can I Claim as a Tax Dependent? Read the Article Open Share Drawer Share this:Click to share on Facebook (Opens in new window)Click to share on Twitter (Opens in new window)Click to share on LinkedIn (Opens in new window)Click to share on Pinterest (Opens in new window)Click to print (Opens in new window) Written by TurboTaxLisa Published May 31, 2024 4 min read The question, “Who can I claim as my dependent?” has remained a top question for many taxpayers. It is an area where tax deductions and credits are often overlooked or inaccurately reported on tax returns. Under tax reform, you can no longer claim the dependent exemption — but you still need to know who qualifies as your dependent for other tax benefits like the Child Tax Credit (up to $2,000 per child under age 17) or the $500 Other Dependent Credit for children over 17 years old or for those who aren’t your children. While we’ll help you to understand who may be eligible to claim as a dependent below, don’t worry about remembering these rules come tax time. TurboTax has you covered. Who Can I Claim As a Tax Dependent? The 5 tests that qualify a child as a dependent Relationship: Must be your child, adopted child, foster child, brother or sister, or a descendant of one of these (grandchild or niece/nephew). Residence: Must have the same residence for more than half the year (exceptions apply). Age: Must be under age 19 or under 24 and a full-time student for at least 5 months. They can be any age if they are totally and permanently disabled. Support: Received more than half of their support from you. Joint Support: The child cannot file a joint return for the year (unless to claim a refund of taxes paid or withheld). The 4 tests that will qualify a relative as a dependent Not a Qualifying Child: They are not the “qualifying child” of another taxpayer or your “qualifying child.” Gross Income: The dependent being claimed earns less than $5,050 in 2024 ($4,700 in 2023). Total Support: You provide more than half of the total support for the year. Member of Household or Relationship: The person (a friend, girlfriend, non-blood relative) must live with you all year as a member of your household or be related to you. Many taxpayers are surprised to find they may be able to claim a boyfriend, girlfriend, domestic partner, or friend as a qualifying relative if: They are a member of your household the entire year. The relationship between you and the dependent does not violate the law, for example, you can not still be married to someone else. (Also, check your individual state law, as some states do not allow you to claim a boyfriend or girlfriend as a dependent even if your relationship doesn’t violate the law). You meet all the other criteria for “qualifying relatives” (gross income and support). Dependent FAQ Question: My 26-year-old is living with me. He works and made more than $5,050 in 2024. Can I claim him as a dependent? Answer: No, because your child would not meet the age test, which says your “qualifying child” must be under age 19 or 24 if a full-time student for at least 5 months out of the year. To be considered a “qualifying relative”, his income must be less than $5,050 in 2024 ($4,700 in 2023). Question: I started work in September of this year and had my baby in March. Can I claim my baby as a dependent on my taxes? Answer: Yes, even if you have a baby on December 31, you can claim them as a dependent on your taxes. Question: My boyfriend fully supports me. We live with his mother, but my boyfriend pays our full support, including rent. His mother wants to claim us as dependents. Who can claim the deduction? Answer: As long as your boyfriend is not married (be sure to check your individual state law regarding claiming a boyfriend or girlfriend as some states don’t comply with the federal law), supplies over half of your support, and you lived with him the entire year and did not earn more than $5,0500, you would qualify as his dependent. His mother could not claim you since she did not provide more than half of the support. Question: My spouse has not worked all year except for one month, can I claim him as a dependent? Answer: You cannot claim a spouse as a dependent. However, if you file married filing jointly, you may have more tax benefits. No matter what moves you made last year, TurboTax will make them count on your taxes. Whether you want to do your taxes yourself or have a TurboTax expert file for you, we’ll make sure you get every dollar you deserve and your biggest possible refund – guaranteed. Get started Previous Post Nanny and Housekeeper Tax Rules Next Post Fun in the Sun: Summer Day Camp Expenses May Qualify… Written by Lisa Greene-Lewis Lisa has over 20 years of experience in tax preparation. Her success is attributed to being able to interpret tax laws and help clients better understand them. She has held positions as a public auditor, controller, and operations manager. Lisa has appeared on the Steve Harvey Show, the Ellen Show, and major news broadcast to break down tax laws and help taxpayers understand what tax laws mean to them. For Lisa, getting timely and accurate information out to taxpayers to help them keep more of their money is paramount. More from Lisa Greene-Lewis Follow Lisa Greene-Lewis on Twitter. 1,003 responses to “Who Can I Claim as a Tax Dependent?” Newer Comments » My wife has a friend who claims we can claim my mother in law as a dependent. Mother in law is Chinese and visited us for over half a year in 2011. She had no income in the US or China for 2011. I think this is crazy talk. Please comment. Hi Lisa, I have a 22 year old daughter who was a full time student in 2011. She earned less than $3,200 during a summer internship with no other income. I co-signed her student loans which paid for her room, board, and tuition. She had a car which was covered under my insurance policy and I had also paid for many of the repairs. I also cover her under my health insurance policy and she has not had to pay for her phone. Since she is still in school she has not paid anything on the loans. I do not know that I cover half of all her living expenses, but since she is relying on student loans for tuition, room and board, I am not sure that she has paid half of her own living expenses as it pertains to dependency status. She has informed me that she already filed her tax return and did not list any exemptions since she assumed I would be claiming her on my tax return. My dilemma is the student loans. Since the loans are deferred and are providing coverage for her room and board and she is technically not yet paying for any of these living expense out of pocket, does this constitute a situation where she is therefore not technically paying half of her own living expenses? I was planning on claiming her as a dependent but I didn’t want to misrepresent anything on my tax return. Lisa, I must have missed your response cause I didn’t get one … Lisa, My boyfriend and I lived together all last year in 2011. We got married on 12/15/2011. He did not make the $3700 income for this year and I supported the household 100%. How would be the best way to file? Single as it was only 2 weeks married. Married filing separately? or could i claim him as a dependent? he meets the requirements. only concern is we got married 2 weeks before the end of the year. This one has all the complicated twists to it. Wanted to try and do the taxes myself without having to get tax preparer. I appreciate any advice you have. Hi Gin, You have to either file married filing jointly or married filing separately even if you were married on the last day of the year. If you are married you cannot claim your spouse as a dependent, you do still receive an exemption(deduction) of $3,700 for him though. The question of whether to file married filing separate or jointly depends on your individual income situation. TurboTax will guide you through all of the necessary deductions and credits and remember if you need help we have free tax advice available through the tax software. You can also read this blog http://blog-turbotax-intuit-com-develop.go-vip.co/2012/02/22/tax-implications-of-getting-married/ Thank you, Lisa Greene-Lewis I have a similar situation with my wife, as Gin has with her husband. Is the following not true (taken from irs.gov)? You are allowed one exemption for each person you can claim as a dependent. You usually can claim exemptions for yourself, your spouse and each person you can claim as a dependent. You may lose part of the dollar amount of your exemptions if your adjusted gross income is above a certain amount. http://www.irs.gov/ita/article/0,,id=219895,00.html Thanks, Brian Hi Brian, Yes this is true. Thank you, Lisa Greene-Lewis I have my son’s 18 year old girlfriend, who is still in high school living with us. Her parents have divorced and provide her no support, other than medical coverage through her father’s policy. Otherwise, besides this child living with us, we have helped and covered a chunk of her car insurance, cell, clothing, car maintenance, gas and lunch money etc for the simple fact she’s in high school and just putting gas in her car has been tough. She made $5,200 in 2011 and because she is a full-time student, when I enter her exemption and standard deduction, it cancels out and she only will get back the little federal tax she paid in. Her parents can’t claim her since they didn’t provide any support and It seems that because she is 18 and F/T student she can’t get the benefit herself. She is not a relative and so I can’t claim her either. Help 🙁 Hi Maria, Unfortunately, she will have to file her taxes as you have them. If she did not make more than $3,700 for the year, lived with you the entire year, and if you provided over half of her support you could have claimed her as a “qualifying relative”, however she made over $3,700. Thank you, Lisa Greene-Lewis I have a 21 year old son, full time college student, living on campus, who made about $6,000 last year who will NOT be filing a joint return. My question is in regards to the support “leg” of the test. We have co-signed the student loans, provided a car, pay for his health insurance, car insurance, cell phone, medical bills and occasionally buy groceries, etc. He pays for rent, groceries, gasoline and entertainment. Are we going to need to itemize these expenses to make sure we have provided at least 50.1% of all his expenses to qualify for the child as a dependent? Additionally, based on the above scenario, can we still claim the 1098-T amount he received as educational expense? Hi Tony, Yes, you will have to total all of your son’s expenses and figure out if you paid over half to answer that question. You will not have to itemize those expenses on the tax return. You would just answer the questions regarding support. Regarding the 1098-T, if you claim him as a dependent you can claim the expenses on the 1098-T. TurboTax will figure out which education credit or deduction is best for you based on your entries. Thank you, Lisa Greene-Lewis my stepdaughter attends college as a full time student and a resident of pa. she uses our address (her father)for all papers and drivers license – she has lived in pa all her life with her mother but her mother moved out of state (nc)before she started college and that is why she uses our address as her residence. my question is can her mother who lives out of state claim her as a dependent? Hi, If she is a “qualifying child”, (under 24 and a full time college student for at least 5 months) her mother can claim her, if her daughter does not not supply over half of her own support. If she is considered a “qualifying relative” over 24, her mother can claim her if her mother supplied over half of her support and her daughter did not earn over $3,700 Thank you, Lisa Greene-Lewis Hi, I have a 1yr son, and I claimed him. When I was done it said and my income tax would be is $372.00. I didn’t think that was right so I didnt file yet. Why was it sooo low? Hi Virginia, Without knowing your total income and deductions it would be hard for me to know that. Please keep in mind the deduction for a dependent is not a dollar for dollar deduction from your tax liability. Here is an FAQ that explains why your refund may not be what you expect. http://turbotax.intuit.com/support/iq/Tax-Refund/Why-Is-My-Tax-Refund-Different-This-Year-/GEN80919.html If you need more help you can ask one of our free tax advice tax professionals your questions and they have the capability to do a live look at your tax return. You can get to a live agent through the tax software on the right rail of the product. Thank you, Lisa Greene-Lewis Thank you, Lisa Greene-Lewis I have an 18yr. Old step-son and he lived with me the whole year of 2011. He is a part-time student and works. He made $5339 last year. I pay for everything in the household. He filed already but did not submit his tuition statement form 1098. Can I claim him on my taxes as a student or will I have a problem? Still waiting on answer for this: My 18 yr old son live with us for 5 and a half months last yr. He moved in with my husbands sister in the middle of June. We have carried med insur, dental insur on him, paid his cell bill, car insur, doctor visits, and med when needed. When I did our taxes and put the info in about living arrangements and then his income was $3758 for the 2011, it told me that I cannot claim his as a dependent. So I filed his taxes for him and he received his refund. Now sister inlaw is furious with us and is going to do an amendment on his tax return and claim him as a dependent. Can she do this? Hi Cathy, No she would not be able to claim him. He would be considered a “qualifying relative” for your sister. “Qualifying relatives” cannot make more than $3,700 per year. Thank you, Lisa Greene-Lewis Thank you Lisa, for responding. Is there anyway they can get around it or do it illegally? And if they say they have should I inform the IRS? Her daughter is an accountant and she says that she can claim him. I just want to make sure my son will not get in trouble for anything and if they are trying to do something illegal, I think the IRS needs to know. Thanks I would like to know why TurboTax is not supporting the claim of an Earned Income Credit for an adult son who is disabled but cannot be claimed as a dependent. What problem does the makers of TurboTax have with this position? Hi Joe, TurboTax does support EITC if you support a disabled child, however you have to claim your son as a dependent in order to get the Earned Income Tax Credit per the IRS. Thank you, Lisa Greene-Lewis Any answer on my question? Thanks I have a 4 month old and I’m currently not working, however my step father has been the provider for the child. Can he file for her on his tax refund for 2012? I arrived to the USA on 1st November 2011 with my wife. We got SSN in 2011 and we are permanent residents. In January 2012 our daughter also arrived to the USA and become the resident. She got SSN in March 2012 Can I include my daughter as dependent into tax return for 2011 year. Thanks My daughter is five years old. We lived in foreign country before and won green card in June 2011 (got VISA stamp) Hi Sergei, You should be able to claim your daughter for 2011 as long as your spouse dependent has either a Social Security Number or an Individual Taxpayer Identification Number in order to be claimed as an exemption or a dependent. Here is some more information to help you http://www.irs.gov/businesses/small/international/article/0,,id=96493,00.html Thank you, Lisa Greene-Lewis Thank you for your help on this issue. However, our situation has a twist that we need your further help with. My wife and I live and work full-time outside of the USA. We maintain a home in the USA. Our 21 year old daughter is a full-time student and lives in the home we maintain in the USA. We support much more than 1/2 of her expenses, she made a little more than $3700 in 2011. So do we answer “yes” to the question “did the dependent live with you more than 1/2 the year”? Hi Carl, Since your daughter is a full-time student and under 24 she could qualify as a “qualifying child” so her income would not be a factor as long as she does not supply over half of her own support. To meet the residency test your absence from your main home could be related to business as long as it was a temporary absence for business. See IRS publication 501 http://www.irs.gov/publications/p501/ar02.html#en_US_2011_publink1000220886 Thank you, Lisa Greene-Lewis TurboTax won’t count our 17 year old son who is severely disabled and lives at home as a dependent. Hi Dave, It should. Please walk through the program again and make sure you don’t miss any questions and also that you input his social security information correctly. If you miss any questions related to dependency, the program will not give you the deduction. You even have to check off a “none of the above” option if it applies. It cannot be left blank. If you have any more problems please go to a live tax expert through the program so that they can speak to you live or even live look at your screens. Thank you, Lisa Greene-Lewis Hi, I am 21 years old and my mother wants to claim me as a dependent. I pay $400 rent over here. And she claimed me last year too. Is that legal, if not, do I contact someone? Oh and I haven’t lived over here for even a full two years. I’m off and on. I work, I make $1200.00/mo Hi Marqus, If you are 21 she can only claim you as a “qualifying child” if you are a full-time student at least 5 months out of the year, in addition as a “qualifying child” you could not provide over half of your own support. If you were not a full-time student, she could claim you as a “qualifying relative”, but you could not have made more than $3,700 in earned income for the entire year and your mother would have to provide over half of your support. Thank you, Lisa Greene-Lewis Without our knowledge, my mother-in-law claimed my 40 year old husband as a dependent and I am furious! What can I do about this as I will be filing our taxes this month and plan to file as married jointly? She stated she’ll give us $200 for illegally using my husband’s social security number. As far as I’m concerned she has committed a crime! Furthermore, we believe she’ll be getting a few thousand dollars for the filing. Is this true? Hi Moka, I am sorry, but she would have to file an amended return. You can still file jointly, but some of your deductions will be limited as a result of him being claimed as a dependent. I am not sure how much she would get back as I don’t know her income and deductions. TurboTax can still guide you through preparing your tax return even though your husband was claimed as a dependent on another tax return. Thank you, Lisa Greene-Lewis My husband and I filed our taxes and claimed by 21yr old son as a dependent because he is a full time student and lives at home and we support him. He had two part time jobs and when he filed his taxes and were accepted by IRS (went through turbo tax) he didn’t check the box that “someone else can claim you as a dependent on their return” so now our return has rejected by the IRS. Do we amend my son’s return since that seems the easiest way to go and redo it? Thank you for your time! Hi Denise, Yes you should amend your son’s tax return since you would like to claim him as a deduction and then you will have to fix yours. It will however, take some time for the IRS to process the amendment and realize that there was an error on your son’s tax return. Thank you, Lisa Greene-Lewis Still waiting for a response to this:My daughter turned 24 in October 2011. She is a college graduate, was not a full-time student in 2011, and earned slightly more than $3700 in 2011. She and her developmentally-disabled son have always lived with me full time. I pay virtually all of her support for extensive medical bills for herself and her son, specialized therapeutic services, food, clothing, and so on. May I claim either her and/or her son as dependent(s)? If not, are there any other exemptions or credits that I may claim? Hi Jeff, Unfortunately, your daughter does not meet the age requirement for a “qualifying child” and because she earned more than $3,700 she cannot qualify as a “qualifying relative”. It is possible to claim her son if you provided over half of his support and no one else claims him on their tax return. If you claim him as a dependent, you may be eligible to claim head of household and other tax credits related to dependency(Child Tax Credit, Child and Dependent Care Credit, Earned Income Tax Credit). TurboTax guides you through the interview and will ask you questions related to these deductions if you have a dependent. Thank you, Lisa Greene-Lewis I have a 18 yr. ols step-son living with me. He is a part-time student and works. He made 5339, last year. He has filed his taxes already, but forgot to submit his tuition statement. Can I claim him as a student and submit the 1098 form, or do I just claim him as a dependent without the form until he amends it next year? Don’t want to get anyone in trouble. Hi Joel, If he received a personal exemption for himself and did not say that someone else claimed him, you would not be able to claim the expenses on the 1098-T or claim him as a dependent. He would need to amend his tax return so he could claim expenses on the 1098-T or amend it and not take the personal exemption so you could claim him as a dependent. Thank you, Lisa Greene-Lewis Hi Lisa, I am a single mom. I had 400dollars income last year and my child support I have 5 children. My daughter who is 19 and lives at home, filed her own taxes. My son, 21 who lives at home has not. He made 10k lst year. I also have 3 other qualifying children. (ages 16, 13, 11). When I filled out my taxes, I will get very little back. Even with interest from my home loan and 3 dependents, I get hardly anything. Can my son claim my 3 children? If he can claim them as dependents, we will get like 5k back instead of nothing. There has got to be a way to get my child tax credits. What should I do? Hi Cathy, It sounds like you may qualify for Earned Income Tax Credit as long as you had earned income from working. Earned Income Tax Credit is a credit that can be up to 5,741 for people who earn low to moderate income. Please see http://blog-turbotax-intuit-com-develop.go-vip.co/2012/01/30/what-is-the-earned-income-tax-credit-2/ for income limitations. TurboTax will help you get all of the valuable credits like this one. Your son can only claim them if he provided over half of their support and they meet all of the other qualifications in this post. Thank you, Lisa Greene-Lewis Hi Lisa i had a couple of questions on tax stuff so if someone could email me that would be great ! Hi Lisa, I never received a response to my question.. I had a baby in June who only lived for two and half hours.Am i suppose to claim her on my tax return..I have been getting different answers…Thanks Hi Tawanna, I am sorry about your loss. You may be able to claim an exemption if your baby was born alive. You have to have proof of a live birth like a birth certificate and your baby has to fit the other qualifications of a qualifying child along with all of the other test to claim a dependent. Please see IRS publication 501 on death of a child http://www.irs.gov/publications/p501/ar02.html#en_US_2011_publink1000220886 TurboTax ask about death of a dependent in the program so it will handle this when you prepare your tax return. Thank you, Lisa Greene-Lewis Can I claim my inlaws on my taxes, they live with us and they get SS benefits. I mostly support them with lodging and food. Hi Rose, As long as they meet all of the test of a “qualifying relative”: – You provide over half of their support – Their income is not taxable, which generally social security is not. – Citizenship test – They don’t make over $3,700 in taxable income – They are not required to file a tax return Thank you, Lisa Greene-Lewis My newborn was born on Jan. 4, 2012….. while I realize this MAY NOT be deductible… guess you can so “I am hoping” it will be!! So, can I claim my newborn born within a week after the new year??? Thanks!! Hi Elizabeth, Sorry, unfortunately you can not claim your baby on your 2011 tax return. The good thing is you can claim your baby for 2012. Congratulations on your new baby! Thank you, Lisa Greene-Lewis I currently am supporting my soon to be husband and his daughter. He is in the middle of a custody battle. I pay for rent, utilities, car payments, gas, food and childcare. He currently has Temporary custody. It is in writing that he can claim his daughter. Can I claim them both? Hi Kellye, You can claim them as long as you meet the tests in the post: – He lived with you the entire year – You provided over half of his support – He did not earn over $3,700 – Meets the citizenship test – Neither one of them are claimed on someone elses tax return – He is not required to file a tax return Thank you, Lisa Greene-Lewis My daughter is a full time student. She live with me. She had a job in 2010 got laid off collect unemployement benefits 8234.00 in 2010 can i claim here as a dependent Hi Jorge, It depends on her age. If she is under 24 and a full-time college student you could claim her as a “qualifying child” and her income would not be a factor, however if she is over 24, you could not claim her as a “qualifying relative” as her income could not be more than $3,650 in 2010. Please note, she would also have to meet other test per the blog if she meets the age requirement. Thank you, Lisa Greene-Lewis my baby was born december 25th 2011 can i claim ger as a dependent when i file my taxes Hi Teka, Congratulations on your new baby! Yes you can claim the baby. Make sure you have a social security number for your baby when you file. Thank you, Lisa Greene-Lewis When completing a 1040EZ for a college student who lives away from home, should her permanent home address be listed on the return or her college address? Hi Angelia, It should be the address the IRS has on file, which is probably her permanent address. If you change your address from the one the IRS has in the system, you are required to file Form 8822 so the IRS has record of the change. Thank you, Lisa Greene-Lewis Hi Lisa, I have a 20 yr old daughter that is a full time student in PA, we pay all her living and tuition expenses. She work during the summer and earned 6500.00. Can she be claimed as a dependent? If not are my husband and I not able to claim tuition? Hi Tricia, If your daughter is a full-time student and under 24 she can still qualify as your “qualifying child” and her income will not be a factor. If she were over the age limit and you had to claim her as a “qualifying relative” then her income would have been a factor. Thank you, Lisa Greene-Lewis Lisa, You still did not answer my question…I have a 23yr old friend that is an international student, goes to school full-time, does not work and has been in the US for two years. I have paid for some of her tuition fee last year as well as bought her groceries. Though we live in different apartments, can I claim her as my dependent for the two years she has been in the US Hi Inno, There are provisions which allow taxpayers to deduct $50 per month for foreign exchange students, however they must live with you, there must be a signed agreement between you and the educational institution, and it is for the first 12 years of school. Regarding claiming her as a “qualified relative”, she would not meet the residency test of being a U.S. Citizen, national, resident alien, or resident of Mexico or Canada. I hope this helps you. Thank you, Lisa Greene-Lewis i been working since feb 2011 and had a baby november 18 2011 can i carry him on my taxes? Hi Victoria, Yes you can claim him on your taxes. Make sure you have his social security number. Thank you, Lisa Greene-Lewis If you mean your dbulctiede, I have never seen a policy with a dbulctiede on the liability portion. So if the liability portion of your policy does not have a dbulctiede then no. If you mean will you have to pay for the other party’s injuries if they exceed your liability limits, then yes you are responsible for those amounts. my son is 26, lives with us full time, an attended college in 2011 & did not work. we supported him the entire yr. Can we claim him as a “qualifying relative”. even if he files a return via 1098-T for the AOTC Hi Andrea, No you would not be able to claim him if he files his taxes to get the AOTC, because in order to get the AOTC no one could claim him as a dependent. If you claimed him as a dependent qualifying relative he would not be able to get the AOTC. You would get it. If he does not file his tax return in order to get the AOTC then you would be eligible to claim him as long as he meets the test outlined in the blog post. Thank you, Lisa Greene-Lewis Thank You for your reply Lisa I was unemployed this year until november 28 ($1260 YTD). Can i claim my 3 year old on my taxes? Hi James, Yes, as along as no one else can claim him, he is a U.S. citizen, national, resident alien, resident of Mexico or Canada, and he didn’t supply over half of his own support. Thank you, Lisa Greene-Lewis I am 20 years old a full time student and I made less than 3700 this past year. I have lived with my boyfriend for the past 2 years and we have a child together. Is he able to claim me on his taxes this year as a dependent? he pays for all of my expenses. I realize I can claim my son who lives with me an is a full time college student an does not work.My question is around how much could get for claiming him in my taxes 2012 Hi Connie, You may get a dependent deduction of $3,700 and you may be able to receive a credit or deduction for his college tuition if you paid it and claim him as a dependent. Thank you, Lisa Greene-Lewis I turned 25 on October 11 2011 and I made more than 3700. I lived with my parents the whole year can they claim me on their 2011 tax return? Hi Sharon, Sorry, they cannot claim you since you don’t meet the age test for a “qualifying child” and you do not meet the income test to be considered a “qualifying relative”. Lisa Greene-Lewis IF i had a new baby in decmber 23 of 2011 can my baby be claim for taxs in 2012 Hi Jose, You can claim your new baby on your 2011 tax return. Just make sure you have your baby’s social security number when you file. Congratulations! Lisa Greene-Lewis I have a daughter that is 26 years old ,full time student ,works part time earned about $6,000.00 . She lives away but I provides almost all of her living expenses.I also have a son that is a full time student living at home , 23yrs. old . He made about $5,500.00. Can I claim both of them on my 2011 taxes. I live in Tennessee. Thanks, Raymond Hi Raymond, Your daughter cannot be claimed as your “qualifying child”, because she does not meet the age test of under 24 and a full time student at the end of the year. She also cannot be claimed as a “qualifying relative”, because she earns more than $3,700/year. Your son on the other hand can be claimed as your “qualifying child” since he is under 24 and a full-time student as long as he didn’t provide over half of his support. When he files his own return, he cannot claim an exemption for himself if you claim him as a dependent. Your dependents must also be U.S. citizens, U.S. Nationals, resident aliens, or residents of Mexico or Canada. Thank you, Lisa Greene-Lewis Just so I understand this properly; age doesn’t matter if I’m being claimed as a “relative”, as long as I meet the income, residence, and support guidelines? I ask because I turned 24 at the end of the year but I still qualify for the rest of it! Hi Katie, Yes, you are correct. Age is not a factor for if you are “qualifying relative” Thank you, Lisa Greene-Lewis Another detail: I live and work in Pennsylvania Hi Jessicah, See my two responses. Thank you for the additonal info. Where is live and work is not a factor in your specific question. Thanks again! Lisa Greene-Lewis Lisa , How do I claim my qualifying dependent / son for last year? I was not informed and didnt claim him. Hi JSD, If it is for your 2010 tax return you will have to amend you 2010 tax return. TurboTax can assist you with amending your return. Thank you, Lisa Greene-Lewis Another question: since I have supported him for the past 3 years, is there any way I can re-do my taxes for the past years where I did not claim him as a dependent? Or once you file taxes is it set in stone? Hi Jessicah, You can amend your tax return if your filing status changed or your deductions and credits changed. An amended tax return must be filed within 3 years from the date of original tax return or within 2 years you paid the tax, whichever is later. TurboTax also gives you the ability to amend your tax returns. Thank you, Lisa Greene-Lewis My 24 year old best friend has lived with me for 6 years now. I am 23 and live in my own apartment, independent from my mother, and receive no income other than my full-time job. He hasn’t had a job for the past 3 years and doesn’t receive any money from the government or his parents. I provide his food and clothing, plus pay all of the utilities and rent. How would I go about claiming him as a dependent? Hi Jessicah, Your best friend could qualify as a dependent “qualifying relative” as long as he meets the following tests: – You supplied over half of his support – He did not make over $3,700 in 2011 – He is a U.S. citizen, U.S. national, U.S. resident alien, or a resident of Mexico or Canada TurboTax will guide you and give you the exemption you deserve. I hope this helps you! Thank you, Lisa Greene-Lewis My girlfriend lived with me for the entire year, but made around $4200 while being a full time student. Can I claim her as a dependent? Hi Jesse, Sorry, per IRS guidelines, a girlfriend can be a “qualifying relative”, but cannot earn more than $3,700 in 2011. Thank you, Lisa Greene-Lewis Please help us! We are a gay couple who have been together for 11+years residing in the state of Tennessee. In November of 2010, I received a diagnosis of Multiple Scelorsis and lost my job and have not been able to provided any income to our living expenses for these past 13 months. My medications are supplied by the pharmacuetical companies and I am currently scheduled for my federal social security disability hearing for sometime in 2012. Since neither of us are legally married, even to each other since Tennessee does not recognize alternate lifestyles, and have lived in the same townhouse for 2011, and I have not been able to provide any monetary resources to our monthly expenses, and I have been determined by both of my doctors to be permanently disabled, could my life partner claim me on his 2011 tax return as a dependent? I, of course, will not be filing any returns for 2011 since I have had no income of any kind. Thank you for your time and consideration! Hi Steve, Yes, your life partner can claim you as long as the following test are met: – Your partner provided over half of your support in 2011 – You did not earn over $3,700 in gross income – You are a U.S. Citizen, U.S. resident alien, or National of the U.S, or a resident of Canada or Mexico I hope this helps you! Thank you, Lisa Greene-Lewis First of all, Thank You! Lisa for taking the time to answer! Neither one of us want to do anything that would be against the law in regards to filing taxes. It has been difficult for us to go to just one income but he never complains; so I was hoping that this would repay him in some way! Would he be able to do the short form since we do not own investments or a home and still claim me? How about including my medical bills with his own? Again, Thank you! Your help is highly appreciated! can i claim my boyfriends mother that has lived with me for 1 year.she has no income and i make more money than he does due to him being layed off Hi Sherry, You may be able to claim her as a qualifying relative as long as she meets the tests per this blog post, which are: -You provided over half of her support -She did not earn over $3,700 -She meets the citizenship tests Thank you, Lisa Greene-Lewis My boyfriend and I have lived together for the last 4 years in New Mexico. In February we were blessed with our daughter. Since I had a higher income and better benefits through my work we decided he would be a stay-a-home dad and raise our daughter and I would work. His income for the month of January was 2400.00 and that is the only income he had for this year. Can I claim head of household and do I claim both my boyfriend and our daughter? Also do I claim his 2400.00 income on the taxes? Hi Jessica, Yes, you can claim head of household as long as you provide over half of the cost for keeping up your home and claim your daughter as a dependent. You may also be able to claim your boyfriend as a “qualifying relative” as long as he meets the requirements specified in this blog post and he is not required to file a tax return. You would not claim his income as that is filed under his social. Thank you, Lisa Greene-Lewis Can I claim my 22 year old son as my dependent? He is not working or not going to school but I provide for his support. Hi Margaret, Although your son does not meet the test as a “qualifying Child”, you still may be able to claim him since he could meet the test as a “qualifying relative”. As long as he meets the following test: -You provided over half of his support -He does not file a joint return with anyone else(unless to claim a refund) It looks like he already meets the gross income test since he did not work. Thank you, Lisa Greene-Lewis I am claiming my son as a “qualifying relative” because he lives with us, is unemployed, made no money and we have completely supported him the entire year. My question is does he need to file a return if he made no money and I am claiming him? Fran, According to IRS publicatoin 929, dependents are only required to file a return if their earned income is more than $5,800 – http://www.irs.gov/publications/p929/ar02.html – Table 1. Since he does not have any income, he is not required to file a return. Thanks, TurboTax Vanessa Are you able to claim a child or children if they where born in the month of october? Hi Debra, Yes, even if you have a baby on December 31, 2011, you can claim them as a dependent. Thank you, Lisa Greene-Lewis Can I claim my 19 yr. old daughter who goes to school full time and works full time? She lives on her own with the help of financial aide. I do not support her financially. Hi Shirley, Unfortunately, you can’t claim your daughter. She does not meet the “qualifying child” test or the “qualifying relative” test. She is not your “qualifying child”, because she doesn’t meet the residency test. She can’t be considered a “qualifying relative”, because you do not provide over half of her support and if she works full-time I would imagine she will not meet the gross income test of making under $3,700 in gross income for 2011. I hope this helps! Thank you, Lisa Greene-Lewis Thanks Lisa! so related question? Does this mean I can claim him for last year too? I didn’t think I could, so I only claimed my daughter, but my son was here last year too under same circumstances. Yes, you can as long as no one else claimed him, he was not working, was not required to file a tax return, and for 2010 he did not earn more than $3,650. Thank you, Lisa My son is 21, he isnt working and I support him completely, can I write him off as a dependent. He is not going to college. Hi DadScott! Yes you can claim your son as a dependent. He would be considered a “qualifying relative”, since he doesn’t fit into the age requirements for a “qualifying child”. Thank you, Lisa Lewis My daughter turned 24 on Feb 2 of 2011. She is a full time student living at home and only makes 13,000 this year. can I claim her as defendant on my 2011 tax return? Hi Linda, Unfortunately to claim your daughter as a “qualifying child” she would need to be a full-time student under age 24 at the end of the year and to claim her as a “qualifying relative” she would have to have income under $3,700 so she does not meet either test. Thank you, Lisa Lewis hi miss lisa,i just want to ask if my boyfriend can carry us ,me and my son.bec.this year im not working.and the dad of my son wan’t to carry but its not staying with him.only sometimes he get my son when its off.im just asking who is the right to carry us a dependant.my boyfriend or the dad of my son.thank you Can I claim my 19yo daughter who is a full time student and who is working part time and has made over $3600? If I do, can she file a 1040 EZ for her earnings? Hi Amy, You can claim your 19 year old daughter as a dependent if she is a full-time student regardless of how much she made. I don’t know what other deductions she has, but she should be able to file a 1040EZ for her earnings. She needs to make sure she checks off that someone else is claiming her as a dependent on their return. I hope this helps! Thank you! Lisa Lewis Hi Lisa, My husband and I have a 21 year old daughter, who lives at home, attends college full time, but, works and made more than $10,000 in 2011. We provide more than 1/2 of her total support during 2011. In 2010, we claimed her and she filled out her own tax return. This year, when I used Turbo Tax, as soon as I entered her income for 2011, the program said she didn’t qualify to be our dependent. Is that true? If not, how do I override the program? Thank you for your assistance with this request. ms lewis, i am a disabled veteran and am applying for (fafsa) for my daughter, this to help her get a lower intrest rate on school loans, also any other additional grants and scholarships that may ber available. as her custodial/bio parent i under stand that for the fafsa she must live with me for at least 6 months and one day to be considered my dependant. my ex wife want to claim her as a dependent for the 3700.00 deduction can she do this if i am claiming that she lives with me and have stated this on the fafsa forms, my ex is stating that the irs has a form that will allow her to do this but i read this form(3624) i think this is it, only applies if the dependant is not all ready on a form (fafsa) which i am stating that she is my dependent, my concern is that i dont want or cant use the 3700.00 deduction because i am not working and my income is not taxable, i collect ssd,veterans benifits, these are not taxab le so mypersonal exemption was listed as zero so would not the exemption that the ex wants would also be zero on my taxes, since i have no taxable income.please advise me as my ex is creating a problem,she wants deduction but my understanding of the (fafsa) application says she can not use the deduction because i am the bio/gaurdian parent, for the education portion. vetdad Hello VetDad, Federal Financial Aid (FAFSA) and income taxes (IRS) are two separate processes and while they ask for much of the same information they do have different criteria for dependency. FAFSA employs several different parenthood criteria: First criteria: The parent with whom the child lived the most during the past 12 months (the 12 months ending on the FAFSA application date). Second criteria: The parent who provided more financial support to the child during the past 12 months. Third criteria: The parent who provided the most financial support to the child during the most recent calendar year for which either parent provided more support to the child. For Federal income tax purposes, the parent who provides more than 50% of the child’s support will usually claim the child as their dependent unless there is a legal custody agreement that specifies otherwise. So it’s possible, if your child lived with you more than your former wife last year but your former wife provided more than half of your child’s support last year, that you would be her primary parent for FAFSA purposes and your former wife could still claim your child as her dependent for income tax purposes. Hope this helps! Thank you, Denise Elliott Hello i am 21 and made over 3800 in the year of 2012 and i am now a full time student in the year of 2013. can i still file my 1040ez for my earnings and be claimed as a dependent on my fathers taxes since i do live with him and he supports me? Can I claim my 28 year old son as a dependent? He received $4,100 as a self-employed musician but his Schedule C shows a profit of less than $500 so his business income was only $500. Does this mean that his gross income was less than $3,700? He had no income in 2010. He lived with me all of 2011 and 2010. Hi Lisa, Can i claim my boyfriend as a dependent if he has only worked 3 months but made less than 2,000 from the year of 2012, BUT he gets checks that does not take taxes on his paychecks. So he would have to pay the IRS back. Can i still claim him?? 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My wife has a friend who claims we can claim my mother in law as a dependent. Mother in law is Chinese and visited us for over half a year in 2011. She had no income in the US or China for 2011. I think this is crazy talk. Please comment.
Hi Lisa, I have a 22 year old daughter who was a full time student in 2011. She earned less than $3,200 during a summer internship with no other income. I co-signed her student loans which paid for her room, board, and tuition. She had a car which was covered under my insurance policy and I had also paid for many of the repairs. I also cover her under my health insurance policy and she has not had to pay for her phone. Since she is still in school she has not paid anything on the loans. I do not know that I cover half of all her living expenses, but since she is relying on student loans for tuition, room and board, I am not sure that she has paid half of her own living expenses as it pertains to dependency status. She has informed me that she already filed her tax return and did not list any exemptions since she assumed I would be claiming her on my tax return. My dilemma is the student loans. Since the loans are deferred and are providing coverage for her room and board and she is technically not yet paying for any of these living expense out of pocket, does this constitute a situation where she is therefore not technically paying half of her own living expenses? I was planning on claiming her as a dependent but I didn’t want to misrepresent anything on my tax return.
Lisa, I must have missed your response cause I didn’t get one … Lisa, My boyfriend and I lived together all last year in 2011. We got married on 12/15/2011. He did not make the $3700 income for this year and I supported the household 100%. How would be the best way to file? Single as it was only 2 weeks married. Married filing separately? or could i claim him as a dependent? he meets the requirements. only concern is we got married 2 weeks before the end of the year. This one has all the complicated twists to it. Wanted to try and do the taxes myself without having to get tax preparer. I appreciate any advice you have.
Hi Gin, You have to either file married filing jointly or married filing separately even if you were married on the last day of the year. If you are married you cannot claim your spouse as a dependent, you do still receive an exemption(deduction) of $3,700 for him though. The question of whether to file married filing separate or jointly depends on your individual income situation. TurboTax will guide you through all of the necessary deductions and credits and remember if you need help we have free tax advice available through the tax software. You can also read this blog http://blog-turbotax-intuit-com-develop.go-vip.co/2012/02/22/tax-implications-of-getting-married/ Thank you, Lisa Greene-Lewis
I have a similar situation with my wife, as Gin has with her husband. Is the following not true (taken from irs.gov)? You are allowed one exemption for each person you can claim as a dependent. You usually can claim exemptions for yourself, your spouse and each person you can claim as a dependent. You may lose part of the dollar amount of your exemptions if your adjusted gross income is above a certain amount. http://www.irs.gov/ita/article/0,,id=219895,00.html Thanks, Brian
I have my son’s 18 year old girlfriend, who is still in high school living with us. Her parents have divorced and provide her no support, other than medical coverage through her father’s policy. Otherwise, besides this child living with us, we have helped and covered a chunk of her car insurance, cell, clothing, car maintenance, gas and lunch money etc for the simple fact she’s in high school and just putting gas in her car has been tough. She made $5,200 in 2011 and because she is a full-time student, when I enter her exemption and standard deduction, it cancels out and she only will get back the little federal tax she paid in. Her parents can’t claim her since they didn’t provide any support and It seems that because she is 18 and F/T student she can’t get the benefit herself. She is not a relative and so I can’t claim her either. Help 🙁
Hi Maria, Unfortunately, she will have to file her taxes as you have them. If she did not make more than $3,700 for the year, lived with you the entire year, and if you provided over half of her support you could have claimed her as a “qualifying relative”, however she made over $3,700. Thank you, Lisa Greene-Lewis
I have a 21 year old son, full time college student, living on campus, who made about $6,000 last year who will NOT be filing a joint return. My question is in regards to the support “leg” of the test. We have co-signed the student loans, provided a car, pay for his health insurance, car insurance, cell phone, medical bills and occasionally buy groceries, etc. He pays for rent, groceries, gasoline and entertainment. Are we going to need to itemize these expenses to make sure we have provided at least 50.1% of all his expenses to qualify for the child as a dependent? Additionally, based on the above scenario, can we still claim the 1098-T amount he received as educational expense?
Hi Tony, Yes, you will have to total all of your son’s expenses and figure out if you paid over half to answer that question. You will not have to itemize those expenses on the tax return. You would just answer the questions regarding support. Regarding the 1098-T, if you claim him as a dependent you can claim the expenses on the 1098-T. TurboTax will figure out which education credit or deduction is best for you based on your entries. Thank you, Lisa Greene-Lewis
my stepdaughter attends college as a full time student and a resident of pa. she uses our address (her father)for all papers and drivers license – she has lived in pa all her life with her mother but her mother moved out of state (nc)before she started college and that is why she uses our address as her residence. my question is can her mother who lives out of state claim her as a dependent?
Hi, If she is a “qualifying child”, (under 24 and a full time college student for at least 5 months) her mother can claim her, if her daughter does not not supply over half of her own support. If she is considered a “qualifying relative” over 24, her mother can claim her if her mother supplied over half of her support and her daughter did not earn over $3,700 Thank you, Lisa Greene-Lewis
Hi, I have a 1yr son, and I claimed him. When I was done it said and my income tax would be is $372.00. I didn’t think that was right so I didnt file yet. Why was it sooo low?
Hi Virginia, Without knowing your total income and deductions it would be hard for me to know that. Please keep in mind the deduction for a dependent is not a dollar for dollar deduction from your tax liability. Here is an FAQ that explains why your refund may not be what you expect. http://turbotax.intuit.com/support/iq/Tax-Refund/Why-Is-My-Tax-Refund-Different-This-Year-/GEN80919.html If you need more help you can ask one of our free tax advice tax professionals your questions and they have the capability to do a live look at your tax return. You can get to a live agent through the tax software on the right rail of the product. Thank you, Lisa Greene-Lewis Thank you, Lisa Greene-Lewis
I have an 18yr. Old step-son and he lived with me the whole year of 2011. He is a part-time student and works. He made $5339 last year. I pay for everything in the household. He filed already but did not submit his tuition statement form 1098. Can I claim him on my taxes as a student or will I have a problem?
Still waiting on answer for this: My 18 yr old son live with us for 5 and a half months last yr. He moved in with my husbands sister in the middle of June. We have carried med insur, dental insur on him, paid his cell bill, car insur, doctor visits, and med when needed. When I did our taxes and put the info in about living arrangements and then his income was $3758 for the 2011, it told me that I cannot claim his as a dependent. So I filed his taxes for him and he received his refund. Now sister inlaw is furious with us and is going to do an amendment on his tax return and claim him as a dependent. Can she do this?
Hi Cathy, No she would not be able to claim him. He would be considered a “qualifying relative” for your sister. “Qualifying relatives” cannot make more than $3,700 per year. Thank you, Lisa Greene-Lewis
Thank you Lisa, for responding. Is there anyway they can get around it or do it illegally? And if they say they have should I inform the IRS? Her daughter is an accountant and she says that she can claim him. I just want to make sure my son will not get in trouble for anything and if they are trying to do something illegal, I think the IRS needs to know. Thanks
I would like to know why TurboTax is not supporting the claim of an Earned Income Credit for an adult son who is disabled but cannot be claimed as a dependent. What problem does the makers of TurboTax have with this position?
Hi Joe, TurboTax does support EITC if you support a disabled child, however you have to claim your son as a dependent in order to get the Earned Income Tax Credit per the IRS. Thank you, Lisa Greene-Lewis
I have a 4 month old and I’m currently not working, however my step father has been the provider for the child. Can he file for her on his tax refund for 2012?
I arrived to the USA on 1st November 2011 with my wife. We got SSN in 2011 and we are permanent residents. In January 2012 our daughter also arrived to the USA and become the resident. She got SSN in March 2012 Can I include my daughter as dependent into tax return for 2011 year. Thanks
My daughter is five years old. We lived in foreign country before and won green card in June 2011 (got VISA stamp)
Hi Sergei, You should be able to claim your daughter for 2011 as long as your spouse dependent has either a Social Security Number or an Individual Taxpayer Identification Number in order to be claimed as an exemption or a dependent. Here is some more information to help you http://www.irs.gov/businesses/small/international/article/0,,id=96493,00.html Thank you, Lisa Greene-Lewis
Thank you for your help on this issue. However, our situation has a twist that we need your further help with. My wife and I live and work full-time outside of the USA. We maintain a home in the USA. Our 21 year old daughter is a full-time student and lives in the home we maintain in the USA. We support much more than 1/2 of her expenses, she made a little more than $3700 in 2011. So do we answer “yes” to the question “did the dependent live with you more than 1/2 the year”?
Hi Carl, Since your daughter is a full-time student and under 24 she could qualify as a “qualifying child” so her income would not be a factor as long as she does not supply over half of her own support. To meet the residency test your absence from your main home could be related to business as long as it was a temporary absence for business. See IRS publication 501 http://www.irs.gov/publications/p501/ar02.html#en_US_2011_publink1000220886 Thank you, Lisa Greene-Lewis
Hi Dave, It should. Please walk through the program again and make sure you don’t miss any questions and also that you input his social security information correctly. If you miss any questions related to dependency, the program will not give you the deduction. You even have to check off a “none of the above” option if it applies. It cannot be left blank. If you have any more problems please go to a live tax expert through the program so that they can speak to you live or even live look at your screens. Thank you, Lisa Greene-Lewis
Hi, I am 21 years old and my mother wants to claim me as a dependent. I pay $400 rent over here. And she claimed me last year too. Is that legal, if not, do I contact someone? Oh and I haven’t lived over here for even a full two years. I’m off and on. I work, I make $1200.00/mo
Hi Marqus, If you are 21 she can only claim you as a “qualifying child” if you are a full-time student at least 5 months out of the year, in addition as a “qualifying child” you could not provide over half of your own support. If you were not a full-time student, she could claim you as a “qualifying relative”, but you could not have made more than $3,700 in earned income for the entire year and your mother would have to provide over half of your support. Thank you, Lisa Greene-Lewis
Without our knowledge, my mother-in-law claimed my 40 year old husband as a dependent and I am furious! What can I do about this as I will be filing our taxes this month and plan to file as married jointly? She stated she’ll give us $200 for illegally using my husband’s social security number. As far as I’m concerned she has committed a crime! Furthermore, we believe she’ll be getting a few thousand dollars for the filing. Is this true?
Hi Moka, I am sorry, but she would have to file an amended return. You can still file jointly, but some of your deductions will be limited as a result of him being claimed as a dependent. I am not sure how much she would get back as I don’t know her income and deductions. TurboTax can still guide you through preparing your tax return even though your husband was claimed as a dependent on another tax return. Thank you, Lisa Greene-Lewis
My husband and I filed our taxes and claimed by 21yr old son as a dependent because he is a full time student and lives at home and we support him. He had two part time jobs and when he filed his taxes and were accepted by IRS (went through turbo tax) he didn’t check the box that “someone else can claim you as a dependent on their return” so now our return has rejected by the IRS. Do we amend my son’s return since that seems the easiest way to go and redo it? Thank you for your time!
Hi Denise, Yes you should amend your son’s tax return since you would like to claim him as a deduction and then you will have to fix yours. It will however, take some time for the IRS to process the amendment and realize that there was an error on your son’s tax return. Thank you, Lisa Greene-Lewis
Still waiting for a response to this:My daughter turned 24 in October 2011. She is a college graduate, was not a full-time student in 2011, and earned slightly more than $3700 in 2011. She and her developmentally-disabled son have always lived with me full time. I pay virtually all of her support for extensive medical bills for herself and her son, specialized therapeutic services, food, clothing, and so on. May I claim either her and/or her son as dependent(s)? If not, are there any other exemptions or credits that I may claim?
Hi Jeff, Unfortunately, your daughter does not meet the age requirement for a “qualifying child” and because she earned more than $3,700 she cannot qualify as a “qualifying relative”. It is possible to claim her son if you provided over half of his support and no one else claims him on their tax return. If you claim him as a dependent, you may be eligible to claim head of household and other tax credits related to dependency(Child Tax Credit, Child and Dependent Care Credit, Earned Income Tax Credit). TurboTax guides you through the interview and will ask you questions related to these deductions if you have a dependent. Thank you, Lisa Greene-Lewis
I have a 18 yr. ols step-son living with me. He is a part-time student and works. He made 5339, last year. He has filed his taxes already, but forgot to submit his tuition statement. Can I claim him as a student and submit the 1098 form, or do I just claim him as a dependent without the form until he amends it next year? Don’t want to get anyone in trouble.
Hi Joel, If he received a personal exemption for himself and did not say that someone else claimed him, you would not be able to claim the expenses on the 1098-T or claim him as a dependent. He would need to amend his tax return so he could claim expenses on the 1098-T or amend it and not take the personal exemption so you could claim him as a dependent. Thank you, Lisa Greene-Lewis
Hi Lisa, I am a single mom. I had 400dollars income last year and my child support I have 5 children. My daughter who is 19 and lives at home, filed her own taxes. My son, 21 who lives at home has not. He made 10k lst year. I also have 3 other qualifying children. (ages 16, 13, 11). When I filled out my taxes, I will get very little back. Even with interest from my home loan and 3 dependents, I get hardly anything. Can my son claim my 3 children? If he can claim them as dependents, we will get like 5k back instead of nothing. There has got to be a way to get my child tax credits. What should I do?
Hi Cathy, It sounds like you may qualify for Earned Income Tax Credit as long as you had earned income from working. Earned Income Tax Credit is a credit that can be up to 5,741 for people who earn low to moderate income. Please see http://blog-turbotax-intuit-com-develop.go-vip.co/2012/01/30/what-is-the-earned-income-tax-credit-2/ for income limitations. TurboTax will help you get all of the valuable credits like this one. Your son can only claim them if he provided over half of their support and they meet all of the other qualifications in this post. Thank you, Lisa Greene-Lewis
Hi Lisa, I never received a response to my question.. I had a baby in June who only lived for two and half hours.Am i suppose to claim her on my tax return..I have been getting different answers…Thanks
Hi Tawanna, I am sorry about your loss. You may be able to claim an exemption if your baby was born alive. You have to have proof of a live birth like a birth certificate and your baby has to fit the other qualifications of a qualifying child along with all of the other test to claim a dependent. Please see IRS publication 501 on death of a child http://www.irs.gov/publications/p501/ar02.html#en_US_2011_publink1000220886 TurboTax ask about death of a dependent in the program so it will handle this when you prepare your tax return. Thank you, Lisa Greene-Lewis
Can I claim my inlaws on my taxes, they live with us and they get SS benefits. I mostly support them with lodging and food.
Hi Rose, As long as they meet all of the test of a “qualifying relative”: – You provide over half of their support – Their income is not taxable, which generally social security is not. – Citizenship test – They don’t make over $3,700 in taxable income – They are not required to file a tax return Thank you, Lisa Greene-Lewis
My newborn was born on Jan. 4, 2012….. while I realize this MAY NOT be deductible… guess you can so “I am hoping” it will be!! So, can I claim my newborn born within a week after the new year??? Thanks!!
Hi Elizabeth, Sorry, unfortunately you can not claim your baby on your 2011 tax return. The good thing is you can claim your baby for 2012. Congratulations on your new baby! Thank you, Lisa Greene-Lewis
I currently am supporting my soon to be husband and his daughter. He is in the middle of a custody battle. I pay for rent, utilities, car payments, gas, food and childcare. He currently has Temporary custody. It is in writing that he can claim his daughter. Can I claim them both?
Hi Kellye, You can claim them as long as you meet the tests in the post: – He lived with you the entire year – You provided over half of his support – He did not earn over $3,700 – Meets the citizenship test – Neither one of them are claimed on someone elses tax return – He is not required to file a tax return Thank you, Lisa Greene-Lewis
My daughter is a full time student. She live with me. She had a job in 2010 got laid off collect unemployement benefits 8234.00 in 2010 can i claim here as a dependent
Hi Jorge, It depends on her age. If she is under 24 and a full-time college student you could claim her as a “qualifying child” and her income would not be a factor, however if she is over 24, you could not claim her as a “qualifying relative” as her income could not be more than $3,650 in 2010. Please note, she would also have to meet other test per the blog if she meets the age requirement. Thank you, Lisa Greene-Lewis
Hi Teka, Congratulations on your new baby! Yes you can claim the baby. Make sure you have a social security number for your baby when you file. Thank you, Lisa Greene-Lewis
When completing a 1040EZ for a college student who lives away from home, should her permanent home address be listed on the return or her college address?
Hi Angelia, It should be the address the IRS has on file, which is probably her permanent address. If you change your address from the one the IRS has in the system, you are required to file Form 8822 so the IRS has record of the change. Thank you, Lisa Greene-Lewis
Hi Lisa, I have a 20 yr old daughter that is a full time student in PA, we pay all her living and tuition expenses. She work during the summer and earned 6500.00. Can she be claimed as a dependent? If not are my husband and I not able to claim tuition?
Hi Tricia, If your daughter is a full-time student and under 24 she can still qualify as your “qualifying child” and her income will not be a factor. If she were over the age limit and you had to claim her as a “qualifying relative” then her income would have been a factor. Thank you, Lisa Greene-Lewis
Lisa, You still did not answer my question…I have a 23yr old friend that is an international student, goes to school full-time, does not work and has been in the US for two years. I have paid for some of her tuition fee last year as well as bought her groceries. Though we live in different apartments, can I claim her as my dependent for the two years she has been in the US
Hi Inno, There are provisions which allow taxpayers to deduct $50 per month for foreign exchange students, however they must live with you, there must be a signed agreement between you and the educational institution, and it is for the first 12 years of school. Regarding claiming her as a “qualified relative”, she would not meet the residency test of being a U.S. Citizen, national, resident alien, or resident of Mexico or Canada. I hope this helps you. Thank you, Lisa Greene-Lewis
Hi Victoria, Yes you can claim him on your taxes. Make sure you have his social security number. Thank you, Lisa Greene-Lewis
If you mean your dbulctiede, I have never seen a policy with a dbulctiede on the liability portion. So if the liability portion of your policy does not have a dbulctiede then no. If you mean will you have to pay for the other party’s injuries if they exceed your liability limits, then yes you are responsible for those amounts.
my son is 26, lives with us full time, an attended college in 2011 & did not work. we supported him the entire yr. Can we claim him as a “qualifying relative”. even if he files a return via 1098-T for the AOTC
Hi Andrea, No you would not be able to claim him if he files his taxes to get the AOTC, because in order to get the AOTC no one could claim him as a dependent. If you claimed him as a dependent qualifying relative he would not be able to get the AOTC. You would get it. If he does not file his tax return in order to get the AOTC then you would be eligible to claim him as long as he meets the test outlined in the blog post. Thank you, Lisa Greene-Lewis
Hi James, Yes, as along as no one else can claim him, he is a U.S. citizen, national, resident alien, resident of Mexico or Canada, and he didn’t supply over half of his own support. Thank you, Lisa Greene-Lewis
I am 20 years old a full time student and I made less than 3700 this past year. I have lived with my boyfriend for the past 2 years and we have a child together. Is he able to claim me on his taxes this year as a dependent? he pays for all of my expenses.
I realize I can claim my son who lives with me an is a full time college student an does not work.My question is around how much could get for claiming him in my taxes 2012
Hi Connie, You may get a dependent deduction of $3,700 and you may be able to receive a credit or deduction for his college tuition if you paid it and claim him as a dependent. Thank you, Lisa Greene-Lewis
I turned 25 on October 11 2011 and I made more than 3700. I lived with my parents the whole year can they claim me on their 2011 tax return?
Hi Sharon, Sorry, they cannot claim you since you don’t meet the age test for a “qualifying child” and you do not meet the income test to be considered a “qualifying relative”. Lisa Greene-Lewis
Hi Jose, You can claim your new baby on your 2011 tax return. Just make sure you have your baby’s social security number when you file. Congratulations! Lisa Greene-Lewis
I have a daughter that is 26 years old ,full time student ,works part time earned about $6,000.00 . She lives away but I provides almost all of her living expenses.I also have a son that is a full time student living at home , 23yrs. old . He made about $5,500.00. Can I claim both of them on my 2011 taxes. I live in Tennessee. Thanks, Raymond
Hi Raymond, Your daughter cannot be claimed as your “qualifying child”, because she does not meet the age test of under 24 and a full time student at the end of the year. She also cannot be claimed as a “qualifying relative”, because she earns more than $3,700/year. Your son on the other hand can be claimed as your “qualifying child” since he is under 24 and a full-time student as long as he didn’t provide over half of his support. When he files his own return, he cannot claim an exemption for himself if you claim him as a dependent. Your dependents must also be U.S. citizens, U.S. Nationals, resident aliens, or residents of Mexico or Canada. Thank you, Lisa Greene-Lewis
Just so I understand this properly; age doesn’t matter if I’m being claimed as a “relative”, as long as I meet the income, residence, and support guidelines? I ask because I turned 24 at the end of the year but I still qualify for the rest of it!
Hi Katie, Yes, you are correct. Age is not a factor for if you are “qualifying relative” Thank you, Lisa Greene-Lewis
Hi Jessicah, See my two responses. Thank you for the additonal info. Where is live and work is not a factor in your specific question. Thanks again! Lisa Greene-Lewis
Lisa , How do I claim my qualifying dependent / son for last year? I was not informed and didnt claim him.
Hi JSD, If it is for your 2010 tax return you will have to amend you 2010 tax return. TurboTax can assist you with amending your return. Thank you, Lisa Greene-Lewis
Another question: since I have supported him for the past 3 years, is there any way I can re-do my taxes for the past years where I did not claim him as a dependent? Or once you file taxes is it set in stone?
Hi Jessicah, You can amend your tax return if your filing status changed or your deductions and credits changed. An amended tax return must be filed within 3 years from the date of original tax return or within 2 years you paid the tax, whichever is later. TurboTax also gives you the ability to amend your tax returns. Thank you, Lisa Greene-Lewis
My 24 year old best friend has lived with me for 6 years now. I am 23 and live in my own apartment, independent from my mother, and receive no income other than my full-time job. He hasn’t had a job for the past 3 years and doesn’t receive any money from the government or his parents. I provide his food and clothing, plus pay all of the utilities and rent. How would I go about claiming him as a dependent?
Hi Jessicah, Your best friend could qualify as a dependent “qualifying relative” as long as he meets the following tests: – You supplied over half of his support – He did not make over $3,700 in 2011 – He is a U.S. citizen, U.S. national, U.S. resident alien, or a resident of Mexico or Canada TurboTax will guide you and give you the exemption you deserve. I hope this helps you! Thank you, Lisa Greene-Lewis
My girlfriend lived with me for the entire year, but made around $4200 while being a full time student. Can I claim her as a dependent?
Hi Jesse, Sorry, per IRS guidelines, a girlfriend can be a “qualifying relative”, but cannot earn more than $3,700 in 2011. Thank you, Lisa Greene-Lewis
Please help us! We are a gay couple who have been together for 11+years residing in the state of Tennessee. In November of 2010, I received a diagnosis of Multiple Scelorsis and lost my job and have not been able to provided any income to our living expenses for these past 13 months. My medications are supplied by the pharmacuetical companies and I am currently scheduled for my federal social security disability hearing for sometime in 2012. Since neither of us are legally married, even to each other since Tennessee does not recognize alternate lifestyles, and have lived in the same townhouse for 2011, and I have not been able to provide any monetary resources to our monthly expenses, and I have been determined by both of my doctors to be permanently disabled, could my life partner claim me on his 2011 tax return as a dependent? I, of course, will not be filing any returns for 2011 since I have had no income of any kind. Thank you for your time and consideration!
Hi Steve, Yes, your life partner can claim you as long as the following test are met: – Your partner provided over half of your support in 2011 – You did not earn over $3,700 in gross income – You are a U.S. Citizen, U.S. resident alien, or National of the U.S, or a resident of Canada or Mexico I hope this helps you! Thank you, Lisa Greene-Lewis
First of all, Thank You! Lisa for taking the time to answer! Neither one of us want to do anything that would be against the law in regards to filing taxes. It has been difficult for us to go to just one income but he never complains; so I was hoping that this would repay him in some way! Would he be able to do the short form since we do not own investments or a home and still claim me? How about including my medical bills with his own? Again, Thank you! Your help is highly appreciated!
can i claim my boyfriends mother that has lived with me for 1 year.she has no income and i make more money than he does due to him being layed off
Hi Sherry, You may be able to claim her as a qualifying relative as long as she meets the tests per this blog post, which are: -You provided over half of her support -She did not earn over $3,700 -She meets the citizenship tests Thank you, Lisa Greene-Lewis
My boyfriend and I have lived together for the last 4 years in New Mexico. In February we were blessed with our daughter. Since I had a higher income and better benefits through my work we decided he would be a stay-a-home dad and raise our daughter and I would work. His income for the month of January was 2400.00 and that is the only income he had for this year. Can I claim head of household and do I claim both my boyfriend and our daughter? Also do I claim his 2400.00 income on the taxes?
Hi Jessica, Yes, you can claim head of household as long as you provide over half of the cost for keeping up your home and claim your daughter as a dependent. You may also be able to claim your boyfriend as a “qualifying relative” as long as he meets the requirements specified in this blog post and he is not required to file a tax return. You would not claim his income as that is filed under his social. Thank you, Lisa Greene-Lewis
Can I claim my 22 year old son as my dependent? He is not working or not going to school but I provide for his support.
Hi Margaret, Although your son does not meet the test as a “qualifying Child”, you still may be able to claim him since he could meet the test as a “qualifying relative”. As long as he meets the following test: -You provided over half of his support -He does not file a joint return with anyone else(unless to claim a refund) It looks like he already meets the gross income test since he did not work. Thank you, Lisa Greene-Lewis
I am claiming my son as a “qualifying relative” because he lives with us, is unemployed, made no money and we have completely supported him the entire year. My question is does he need to file a return if he made no money and I am claiming him?
Fran, According to IRS publicatoin 929, dependents are only required to file a return if their earned income is more than $5,800 – http://www.irs.gov/publications/p929/ar02.html – Table 1. Since he does not have any income, he is not required to file a return. Thanks, TurboTax Vanessa
Hi Debra, Yes, even if you have a baby on December 31, 2011, you can claim them as a dependent. Thank you, Lisa Greene-Lewis
Can I claim my 19 yr. old daughter who goes to school full time and works full time? She lives on her own with the help of financial aide. I do not support her financially.
Hi Shirley, Unfortunately, you can’t claim your daughter. She does not meet the “qualifying child” test or the “qualifying relative” test. She is not your “qualifying child”, because she doesn’t meet the residency test. She can’t be considered a “qualifying relative”, because you do not provide over half of her support and if she works full-time I would imagine she will not meet the gross income test of making under $3,700 in gross income for 2011. I hope this helps! Thank you, Lisa Greene-Lewis
Thanks Lisa! so related question? Does this mean I can claim him for last year too? I didn’t think I could, so I only claimed my daughter, but my son was here last year too under same circumstances.
Yes, you can as long as no one else claimed him, he was not working, was not required to file a tax return, and for 2010 he did not earn more than $3,650. Thank you, Lisa
My son is 21, he isnt working and I support him completely, can I write him off as a dependent. He is not going to college.
Hi DadScott! Yes you can claim your son as a dependent. He would be considered a “qualifying relative”, since he doesn’t fit into the age requirements for a “qualifying child”. Thank you, Lisa Lewis
My daughter turned 24 on Feb 2 of 2011. She is a full time student living at home and only makes 13,000 this year. can I claim her as defendant on my 2011 tax return?
Hi Linda, Unfortunately to claim your daughter as a “qualifying child” she would need to be a full-time student under age 24 at the end of the year and to claim her as a “qualifying relative” she would have to have income under $3,700 so she does not meet either test. Thank you, Lisa Lewis
hi miss lisa,i just want to ask if my boyfriend can carry us ,me and my son.bec.this year im not working.and the dad of my son wan’t to carry but its not staying with him.only sometimes he get my son when its off.im just asking who is the right to carry us a dependant.my boyfriend or the dad of my son.thank you
Can I claim my 19yo daughter who is a full time student and who is working part time and has made over $3600? If I do, can she file a 1040 EZ for her earnings?
Hi Amy, You can claim your 19 year old daughter as a dependent if she is a full-time student regardless of how much she made. I don’t know what other deductions she has, but she should be able to file a 1040EZ for her earnings. She needs to make sure she checks off that someone else is claiming her as a dependent on their return. I hope this helps! Thank you! Lisa Lewis
Hi Lisa, My husband and I have a 21 year old daughter, who lives at home, attends college full time, but, works and made more than $10,000 in 2011. We provide more than 1/2 of her total support during 2011. In 2010, we claimed her and she filled out her own tax return. This year, when I used Turbo Tax, as soon as I entered her income for 2011, the program said she didn’t qualify to be our dependent. Is that true? If not, how do I override the program? Thank you for your assistance with this request.
ms lewis, i am a disabled veteran and am applying for (fafsa) for my daughter, this to help her get a lower intrest rate on school loans, also any other additional grants and scholarships that may ber available. as her custodial/bio parent i under stand that for the fafsa she must live with me for at least 6 months and one day to be considered my dependant. my ex wife want to claim her as a dependent for the 3700.00 deduction can she do this if i am claiming that she lives with me and have stated this on the fafsa forms, my ex is stating that the irs has a form that will allow her to do this but i read this form(3624) i think this is it, only applies if the dependant is not all ready on a form (fafsa) which i am stating that she is my dependent, my concern is that i dont want or cant use the 3700.00 deduction because i am not working and my income is not taxable, i collect ssd,veterans benifits, these are not taxab le so mypersonal exemption was listed as zero so would not the exemption that the ex wants would also be zero on my taxes, since i have no taxable income.please advise me as my ex is creating a problem,she wants deduction but my understanding of the (fafsa) application says she can not use the deduction because i am the bio/gaurdian parent, for the education portion. vetdad
Hello VetDad, Federal Financial Aid (FAFSA) and income taxes (IRS) are two separate processes and while they ask for much of the same information they do have different criteria for dependency. FAFSA employs several different parenthood criteria: First criteria: The parent with whom the child lived the most during the past 12 months (the 12 months ending on the FAFSA application date). Second criteria: The parent who provided more financial support to the child during the past 12 months. Third criteria: The parent who provided the most financial support to the child during the most recent calendar year for which either parent provided more support to the child. For Federal income tax purposes, the parent who provides more than 50% of the child’s support will usually claim the child as their dependent unless there is a legal custody agreement that specifies otherwise. So it’s possible, if your child lived with you more than your former wife last year but your former wife provided more than half of your child’s support last year, that you would be her primary parent for FAFSA purposes and your former wife could still claim your child as her dependent for income tax purposes. Hope this helps! Thank you, Denise Elliott
Hello i am 21 and made over 3800 in the year of 2012 and i am now a full time student in the year of 2013. can i still file my 1040ez for my earnings and be claimed as a dependent on my fathers taxes since i do live with him and he supports me?
Can I claim my 28 year old son as a dependent? He received $4,100 as a self-employed musician but his Schedule C shows a profit of less than $500 so his business income was only $500. Does this mean that his gross income was less than $3,700? He had no income in 2010. He lived with me all of 2011 and 2010.
Hi Lisa, Can i claim my boyfriend as a dependent if he has only worked 3 months but made less than 2,000 from the year of 2012, BUT he gets checks that does not take taxes on his paychecks. So he would have to pay the IRS back. Can i still claim him??