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Can I claim a college student that took out a loan that I cosigned on to live away for a whole year?

my daughter rented an apartment for a whole calendar year away from home using a student loan that I consigned on to pay her rent, she also worked part time while in school. Can I claim her as a dependent?

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Accepted Solutions
Hal_Al
Level 15

Can I claim a college student that took out a loan that I cosigned on to live away for a whole year?

Yes. Even though she was away for the whole year and living off campus, she is still considered to be living with you. That is, she is considered to be temporarily away from home (rule #3 below)'

The fact that you co-signed the loan means that the loan money was not her providing her own support (rule #2 below)

A child of a taxpayer can still be a “Qualifying Child” (QC) dependent, regardless of his/her income, if:

1. He is under age 19, or under 24 if a full time student for at least 5 months of the year, or is totally & permanently disabled

2. He did not provide more than 1/2 his own support. Scholarships are considered third party support and not as support provided by the student.

3. He lived with the parent (including temporary absences such as away at school) for more than half the year

 

So, it doesn't matter how much he earned. What matters is how much he spent on support. Money he put into savings does not count as support he spent on him self.

The support value of the home you provided is the fair market rental value of the home plus utilities & other expenses divided by the number of occupants.

 Furthermore, there is a rule that says IF somebody else CAN claim him as a dependent, he is not allowed to claim his own exemption. If he has sufficient income (usually more than $6350), he can & should still file taxes; he just doesn’t get his own $4050 exemption (deduction). In TurboTax, he indicates that somebody else can claim him as a dependent, at the personal information section.  

Even if he had less, he is allowed to file if he needs to get back income tax withholding. He cannot get back social security or Medicare tax withholding.

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1 Reply
Hal_Al
Level 15

Can I claim a college student that took out a loan that I cosigned on to live away for a whole year?

Yes. Even though she was away for the whole year and living off campus, she is still considered to be living with you. That is, she is considered to be temporarily away from home (rule #3 below)'

The fact that you co-signed the loan means that the loan money was not her providing her own support (rule #2 below)

A child of a taxpayer can still be a “Qualifying Child” (QC) dependent, regardless of his/her income, if:

1. He is under age 19, or under 24 if a full time student for at least 5 months of the year, or is totally & permanently disabled

2. He did not provide more than 1/2 his own support. Scholarships are considered third party support and not as support provided by the student.

3. He lived with the parent (including temporary absences such as away at school) for more than half the year

 

So, it doesn't matter how much he earned. What matters is how much he spent on support. Money he put into savings does not count as support he spent on him self.

The support value of the home you provided is the fair market rental value of the home plus utilities & other expenses divided by the number of occupants.

 Furthermore, there is a rule that says IF somebody else CAN claim him as a dependent, he is not allowed to claim his own exemption. If he has sufficient income (usually more than $6350), he can & should still file taxes; he just doesn’t get his own $4050 exemption (deduction). In TurboTax, he indicates that somebody else can claim him as a dependent, at the personal information section.  

Even if he had less, he is allowed to file if he needs to get back income tax withholding. He cannot get back social security or Medicare tax withholding.

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