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ez16
New Member

Criteria for independent taxes

I, 22 single made 13k+ in the 2023 fiscal year and wish to file my taxes independently from my parents who usually mark me as a dependent. They however paid for the last semester of my college tuition, which means they have paid for more than half my needs this fiscal year. Even if they can claim me as a dependant can I individually still file my taxes independently- and if so, will they be able to see my filed taxes?

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5 Replies
rjs
Level 15
Level 15

Criteria for independent taxes

I'm not sure what you mean by filing "independently." You can always file your own tax return, separate from your parents' tax return. Your income cannot be reported on your parents' tax return. If you made $13,850 or more you must file your own tax return. (There are circumstances in which you must file even if you made less than $13,850.) The question is whether you have to check the box on your tax return that says that someone can claim you as a dependent.


Based on what you wrote, if you lived with your parents for more than half the year, they can claim you as a dependent. Time that you were away at college counts as living with your parents. If they can claim you, you must check the box on your tax return. It doesn't matter whether they actually do claim you. The question is whether someone can claim you.


Your parents cannot see your tax return under any circumstances without your permission, whether or not they can or do claim you as a dependent.

 

Criteria for independent taxes

But if you file as a independent and don't check the box on your return that says you can be claimed on someone else's return and file before your parents then their return will reject if they claim you. 

Hal_Al
Level 15

Criteria for independent taxes

The answer depends on more information.  Did you graduate before May 1, 2023 or after April 30, 2023?  Did you continue to live with your patents thru July 2, 2023? 

 

There are two types of dependents, "Qualifying Children"(QC) and Other ("Qualifying Relative" in IRS parlance even though they don't have to actually be related). There is no income limit for a QC but there is an age limit, student status, a relationship test and residence test.

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 (parts of) 5 months of the year, or is totally & permanently disabled
  2. He did not provide more than 1/2 his own support. Scholarships are excluded from the support calculation
  3. He lived with the parent (including temporary absences such as away at school) for more than half the year

If you do not qualify as a QC, your income is too high to be a Qualifying Relative. 

A person can still be a Qualifying relative dependent, if not a Qualifying Child, if he meets the 6 tests for claiming a dependent:

  1. Closely Related OR live with the taxpayer ALL year
  2. His/her gross taxable income for the year must be less than $4700 (2023) ($4400 for 2022).
  3. The taxpayer must have provided more than 1/2 his support

In either case:

  1. He must be a US citizen or resident of the US, Canada or Mexico
  2. He must not file a joint return with his spouse or be claiming a dependent of his own
  3. He must not be the qualifying child of another taxpayer

Q.  Even if they can claim me as a dependent can I individually still file my taxes separately?-

A.  Yes, but you must check the box that says you can be claimed as a dependent. 

Q.  If so, will they be able to see my filed taxes?

A. No. 

Criteria for independent taxes

If you can be claimed as a dependent and you answer the question in My Info incorrectly, here is what happens if you e-file first:  Your Social Security number goes into the IRS system as having been used.  When your parents try to e-file, their e-file is rejected and they will find it impossible to e-file their own tax return.  Then they will have to print, sign and mail their return and wait for months for it to be processed.  You, meanwhile, will have to file an amended tax return on a special form called a 1040X, which also takes months for the IRS to process.  So make sure you know the correct answer to "Can anyone claim you as a dependent on their tax return?"

**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.**

Criteria for independent taxes

You always report your own income on your own tax return, your income should never be combined with your parents (unless your only income is interest and dividends from investments in your name).  Your tax return is always private from anyone else including parents.  They have no way of learning how much income you reported or what the source of the income was.

 

There are two questions you may be thinking of.  "Can someone else claim you as a dependent on their return?" followed by, "Will the person who could claim you, actually claim you this year?"

 

You must answer "yes" that you can be claimed, if you can be claimed, even if you don't want to be claimed.   The second question, "will you be claimed", is only used to determine eligibility for the American Opportunity Credit.  Sometimes, if the parents are very high income and are barred from the AOTC, it makes for them to not claim the child as a dependent even if they could, so the child can claim the AOTC.

 

Your description does not give enough information.  The key missing fact is where did you live more than half the nights of the year.  If you lived with your parents, then they can claim you because you did not provide more than half your own support.  (And most of the time, even students living at college are considered to live "at home" because being away at college is considered a temporary absence.)  However, if you have moved out and live on your own for more than half the year, they can't claim you even if they paid more than half your expenses, because your own income is more than $4700.  Review the rules carefully that were linked by the other experts.  

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