What qualifies as a dependent?

[a-k]

Hi, so I asked before about if I should amend my taxes and the answer I got was yes. I still haven't been able to amend my taxes because my dad refuses to amend his. 

My dad emailed the tax preparer and according to them, we can still be claimed but not for the child tax credit. Can someone explain to me how I can still be claimed as a dependent? I've already read the guidelines on TurboTax and I'm not a dependent according to them.

I am 24 years old, already graduated and was working before COVID. I am not a college student. Can someone tell me what the heck this tax preparer is talking about because she advised my dad not to amend. What am I missing here because I just don't understand. 

[xmasbaby0]

Were you 24 at the end of 2019?  Did you have more than $4200 of income in 2019?

WHO CAN I CLAIM AS A DEPENDENT?

You can claim a child, relative, friend, fiance (etc.) as a dependent on your 2019 taxes as long as they meet the following requirements:

Qualifying child

• They are related to you.

• They cannot be claimed as a dependent by someone else.

• They are a U.S. citizen, resident alien, national, or a Canadian or   Mexican resident.

• They are not filing a joint return with their spouse.

• They are under the age of 19 (or 24 for full-time students).

• No age limit for permanently and totally disabled children

  •      They live with you for more than half the year (exceptions apply).

Qualifying relative

• They don't have to be related to you (despite the name).

• They cannot be claimed as a dependent by someone else.

• They are a U.S. citizen, resident alien, national, or a Canadian or Mexican resident.

• They are not filing a joint return with their spouse.

• They lived with you the entire year.

• They made less than $4200  (not counting Social Security)

• You provided more than half of their financial support. More info

When you add someone as a dependent, we'll ask a series of questions to make sure you can claim them.

Related Information:

• Does a dependent have to live with me?

• What does "financially support another person" mean?

• Can I claim a newborn baby?

If you were not a full-time college student in 2019 and were already 24 at the end of 2019 then you cannot be claimed unless you had less than $4200 of income and your parents supported you.  

Your parents could only get a $500 credit for other dependents for claiming you.  They do not get stimulus money for claiming you.  If you were a student, they might be claiming you to get the education credits.

[a-k]

Thank you so much for responding. Yes, I turned 24 in November in 2019 and I had more than $4200 in income. I was a full time student only up until May 2019 which is when I graduated. 

I've told my dad several times I'm not a dependent but he refuses to amend because he'd rather listen to that tax preparer. I've just been robbed of my stimulus check. 

[VolvoGirl]

Here is IRS Publication 501.  Print out page 11 for him and other pages for who you can claim

https://www.irs.gov/pub/irs-pdf/p501.pdf 

[a-k]

Thank you for responding. I had him read that page and he knows we don't qualify according to those guidelines. However, he emailed the tax preparer and since she said he doesn't need to amend, he's not going to. I'm just at a loss right now. She said something about how we can still dependents if we didn't make more than 16k-20k. At this point, I don't know what to do. I don't think there's anything I CAN do because my dad is so stubborn. 

[VolvoGirl]

So did you file your original return saying you were a dependent?  Yes you can and should amend your return.  Don't worry about what your dad does.  Do the right thing on your return.  The IRS may eventually send you both letters about it.  

[VolvoGirl]

May I ask who you are referring to?  You keep saying "we".  That we can still be claimed as dependents.  Are you married?  I have no idea what the tax preparer is talking about making 16k-20k.  Is this a real accountant or CPA?  

[a-k]

"We" is referring to my siblings. I have a brother who is 26 and he was also claimed as a dependent by my parents. I have another brother who is 19 but he's not going to school and made more than $4200. 

EXACTLY! I have no idea where this tax preparer is getting their information. I looked up her name and it says she's an IRS registered tax preparer for Los Angeles. 

[VolvoGirl]

The only thing I can think of for around 16,000 would be for giving someone a gift.  If you give anyone a gift of more than 15,000 in a year you have to file a gift tax return. 

Are your brothers filing tax returns too?  Even if you don't amend to be independent the IRS should see that you made too much to be claimed.  Did Turbo Tax let you file as a dependent when you had too much income?  I'll have to check that out and see if it gives you a message.

[a-k]

My 19 year old brother filed with my parents so the tax preparers had his information. My 26 year old brother didn't work last year so I don't think he has anything to file. 

Yes, TurboTax let me check the box that I can be claimed as a dependent by someone else. There was no message that popped up but there was a question mark explaining what a dependent is. It's my fault that I skipped over reading what a dependent is but my taxes would've been rejected because my parents filed before me. 

Thank you so much for all the help. I've amended my return, I just need to mail it in now and play the waiting game.