Can my mom claim me?

4 replies
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I'm 24 and live with my mom at the moment, I work part time and attend college part time, but I make more than 4k, my mom only pays the rent which for us is around $615, I pay our electric and wifi. I also pay for my own food, clothes,my cell phone, and credit card. I don't have a car yet so I don't have to worry about that right now. Shes told me before that she can no longer claim me but I want to make sure I haven't been doing anything wrong.

DoninGA

Level 15

If you are age 24 or older as of 12/31/2018 and you have gross income of $4,150 or more for 2018, then no one can claim you as a dependent under the Qualifying Relative rules. Your being a student, full time or part time, is not relevant if you are older than 23.

To be a Qualifying Relative -

1. The person cannot be your qualifying child or the qualifying child of any other taxpayer. A child is not the qualifying child of any other taxpayer if the child's parent (or any other person for whom the child is defined as a qualifying child) is not required to file an income tax return or files an income tax return only to get a refund on income tax withheld.
2. The person either (a) must be related to you or (b) must live with you all year as a member of your household.
3. The person's gross income for the year must be less than $4,150 (social security does not count) in 2018
4. You must provide more than half of the person's total support for the year.
5. The person must be a U.S. citizen or a U.S., Canada, or Mexico resident for some part of the year.
6. The person must not file a joint return with their spouse.

HyrulerAuthor

Level 2

Thank you this gives me a sigh of relief, I didn't want to be accused of fraud or anything.

Anonymous

however, if your mother's gross income is less than $4,150 for 2018 and you provide over 1/2 her support, maybe you can claim her.

Texas Roger

Level 15

Your mom can't claim you because you are too old to be claimed as a qualifying child dependent and you probably have too much income to be claimed as a qualifying relative dependent. Here are the rules for qualifying relative from your mom's perspective:

1. The person cannot be your qualifying child or the qualifying child of any other taxpayer. A child is not the qualifying child of any other taxpayer if the child's parent (or any other person for whom the child is defined as a qualifying child) is not required to file an income tax return or files an income tax return only to get a refund on income tax withheld.
2. The person either (a) must be related to you or (b) must live with you all year as a member of your household.
3. The person's gross taxable income for the year must be less than $4,150 in 2018.
4. You must provide more than half of the person's total support for the year.
5. The person must be a U.S. citizen, U.S. resident alien, U.S. national, or a resident of Canada or Mexico.