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2 replies

IsabellaG
Level 13
June 3, 2019
Yes, if your child is a disabled adult, he/she is a qualifying child. The child must have a valid Social Security number and:
  • Be your child (including legally adopted), stepchild, eligible foster child, sibling, half-sibling, step-sibling, or a descendant of any of them (for example, your grandchild or niece); and
  • Be permanently and totally disabled OR under the age of 19 as of December 31, 2017 (under 24 if a full-time student) and younger than you (or your spouse, if filing jointly); and
  • Have lived with you (or your spouse, if filing jointly) for more than half the year; and
  • Not file jointly with their spouse unless they weren't required to file but did so anyway to claim a tax refund.
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Level 2
March 7, 2021

ok on my return it says I can claim the eic for my nephew but he's not my dependent because he did provide his own support. should he still file a returnsince he made more than $4300? he's under the age of 25 so he doesn’t qualify for earned income credit & i'm not claiming as a dependent so it wouldn’t be double dipping the eic!

LenaH
Employee Tax Expert
Employee Tax Expert
March 7, 2021

Yes. Your nephew should file his own tax return, even if he might not meet the qualifications to file

 

There are two reasons he should file a return this year:

  • If he had any withholding taken out of his pay, he will likely get a refund of taxes paid. 
  • If he is no longer a dependent of anyone and meets all the requirements, he will also qualify for the Recovery Rebate Credit. If he was your dependent last year, he would not have qualified for stimulus money due to his age. He can now recoup that money by filing a return and getting the credit. 

@jenbcute

 

 

 

 

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