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kerieck78-gmail-
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My daughter is the beneficiary of a asset protection trust. Taxes were filed for the trust but I cant figure out how to file for as an individual so she can get stimulus

 
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8 Replies

My daughter is the beneficiary of a asset protection trust. Taxes were filed for the trust but I cant figure out how to file for as an individual so she can get stimulus

You have not told us enough about her.   Is she a child---or an adult?   Is she supported by the trust---or by you in any way?   Without any personal information please provide some pertinent details.

**Disclaimer: Every effort has been made to offer the most correct information possible. The poster disclaims any legal responsibility for the accuracy of the information that is contained in this post.**
kerieck78-gmail-
Returning Member

My daughter is the beneficiary of a asset protection trust. Taxes were filed for the trust but I cant figure out how to file for as an individual so she can get stimulus

Sorry. She is 20 years old, does not have a job, is supported by me and does not receive any funds from the trust. She has a conservatorship of the person that I cannot get removed but no one else supports her in any way.

My daughter is the beneficiary of a asset protection trust. Taxes were filed for the trust but I cant figure out how to file for as an individual so she can get stimulus

@kerieck78-gmail- You say your daughter is 20 years old and is supported by you----if you claim her as a dependent on your own tax return then she cannot receive a stimulus check.  Dependents are not eligible to receive stimulus checks.   You, however, can receive the $1400 stimulus check for a dependent that you claim on your 2021 tax return by using the recovery rebate credit.  You should also get the $500 credit for other dependents for claiming her.

 

CREDIT FOR OTHER DEPENDENTS

https://ttlc.intuit.com/questions/4499708-what-is-the-500-credit-for-other-dependents-family-tax-cre...

 

 

 

WHO CAN I CLAIM AS A DEPENDENT?

 

You can claim a child, relative, friend, or fiancé (etc.) as a dependent on your 2021 taxes as long as they meet the following requirements:

Qualifying child

  • They're related to you.
  • They aren't claimed as a dependent by someone else.
  • They're a U.S. citizen, resident alien, national, or a Canadian or Mexican resident.
  • They aren’t filing a joint return with their spouse.
  • They're under the age of 19 (or 24 for full-time students).
    • No age limit for permanently and totally disabled children.
  • They lived with you for more than half the year (exceptions apply).
  • They didn't provide more than half of their own support for the year.

Qualifying relative

  • They don't have to be related to you (despite the name).
  • They aren't claimed as a dependent by someone else.
  • They're a U.S. citizen, resident alien, national, or a Canadian or Mexican resident.
  • They aren’t filing a joint return with their spouse.
  • They lived with you the entire year (exceptions apply).
  • They made less than $4,350 in 2021.
  • You provided more than half of their financial support.

When you add someone as a dependent, we'll ask a series of questions to make sure you can claim them. There may be other tax benefits you can get when you claim a dependent.

Related Information:

**Disclaimer: Every effort has been made to offer the most correct information possible. The poster disclaims any legal responsibility for the accuracy of the information that is contained in this post.**
kerieck78-gmail-
Returning Member

My daughter is the beneficiary of a asset protection trust. Taxes were filed for the trust but I cant figure out how to file for as an individual so she can get stimulus

I didn't claim her in 2018, 2019,2020 because I didn't think I could because the trust kept telling me to let them file her taxes. 

My daughter is the beneficiary of a asset protection trust. Taxes were filed for the trust but I cant figure out how to file for as an individual so she can get stimulus

You could amend your tax returns for those years to claim her as a dependent if you were the one who was supporting her.   2018 would have to be sent no later than April 15, 2022 or it will be too late.   

 

@tagteam   @Critter-3   @rjs     Thoughts?

**Disclaimer: Every effort has been made to offer the most correct information possible. The poster disclaims any legal responsibility for the accuracy of the information that is contained in this post.**

My daughter is the beneficiary of a asset protection trust. Taxes were filed for the trust but I cant figure out how to file for as an individual so she can get stimulus


@kerieck78-gmail- wrote:

She has a conservatorship of the person that I cannot get removed but no one else supports her in any way.


You should seek local legal counsel.

 

See https://www.avvo.com/guardianship-lawyer.html

 

You might also contact the trustee (administrator) of the trust and inquire as to whether she is actually receiving income from the trust (via a K-1) and how her individual income tax returns are being handled.

My daughter is the beneficiary of a asset protection trust. Taxes were filed for the trust but I cant figure out how to file for as an individual so she can get stimulus

@tagteam Thanks---I do not want to dabble too far into "trust stuff" --- @kerieck78-gmail- Before you claim your daughter on your own return--better heed Champ tagteam's advice and seek legal advice.

**Disclaimer: Every effort has been made to offer the most correct information possible. The poster disclaims any legal responsibility for the accuracy of the information that is contained in this post.**

My daughter is the beneficiary of a asset protection trust. Taxes were filed for the trust but I cant figure out how to file for as an individual so she can get stimulus


@kerieck78-gmail- wrote:

I didn't claim her in 2018, 2019,2020 because I didn't think I could because the trust kept telling me to let them file her taxes. 


 

Did the trust file a personal return for her or just the trust return ???   This is a question you must get answered before you know what to do going forward. 

 

If there was no personal return filed for her and she had no income from the trust then you can amend the older returns to claim her if she lives with you and you support her. 

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