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xmasbaby0 · ‎April 10, 2023

No. At age 17 she CAN be claimed as your dependent. There is no element of choice to that. The rule is that if a person CAN be claimed as someone else's dependent they must say on their own return that they can be claimed---even if the person who could claim them does not.

Also....you mention that she has dividends and capital gains......are we dealing with kiddie tax?

https://ttlc.intuit.com/turbotax-support/en-us/help-article/small-business-processes/2021-kiddie-tax...

When does the Kiddie Tax kick in?

For tax year 2022, the Kiddie Tax applies if your child has unearned income (usually from investments) exceeding $2,300, is required to file a return, isn’t filing jointly, and was age:

17 or younger at the end of 2022
18 at the end of 2022, but only if their earned income (excluding scholarships in the case of a full-time student) didn’t exceed half of their support costs in 2022
19–23 at the end of 2022, but only if they were full-time students and their earned income (excluding scholarships) didn’t exceed half of their support costs in 2022

https://turbotax.intuit.com/personal-taxes/online/premier.jsphttps://ttlc.intuit.com/turbotax-suppor...

**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.**