If my child is 26 year old full time student, she has 8000 scholarship but her tuition is 25000, can I claim her as a qualify relative

[adamwong11]

If my child is 26 year old full time student, she has 8000 scholarship but her tuition is 25000, can I claim her as a qualify relative. I support her more than 50%. Thanks. Ad

[Hal_Al · Accepted solution]

Yes, if she has less than $4200 of income.

Her $8000 scholarships are not considered income because it was all used for qualified educational expenses.

There are two types of dependents, "Qualifying Children"(QC) and standard ("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, a relationship test and a residence test. Only a QC qualifies a taxpayer for the Earned Income Credit. Your child is too old to be a QC. 

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 $4200 ($4150 in 2018)
3. The taxpayer must have provided more than 1/2 his support

In either case:

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

[adamwong11]

Thanks Hal_Al. Ad