If she is your dependent, you claim her on your tax return.
You can choose to NOT claim her, but if she is a dependent, she can't file a return claiming to not be a dependent.
A “Qualifying Child is a person that meet these tests:
- WHO IS THE PERSON? The person must be your son, daughter, stepchild, eligible foster child, brother, sister, half-brother, half-sister, stepbrother, stepsister, adopted child or a descendent of any of them.
- HOW OLD IS THE PERSON? The person must be under age 19 or, if a full-time student, under age 24. They must also be younger than you (or either you or your spouse if you’re filing Married Filing Jointly)
There is no age limit if your child is permanently and totally disabled.
- WHERE DOES THE PERSON LIVE? The person must have lived with you for more than half the tax year, but several exceptions apply such as school and military service.
- WHO SUPPORTS THE PERSON? The person cannot have provided more than half of their own support. It doesn’t matter how much they earned.
- HOW WILL THIS PERSON FILE THEIR TAX RETURN (IF THEY HAVE TO FILE ONE)? The person can’t be filing a Married Filing Jointly tax return, although there is an exception to that.
A QUALIFYING RELATIVE IS A PERSON THAT MEETS THESE TESTS:
This person can’t be a qualifying child to you or anyone else.
This person must have lived with you OR be a relative of yours.
This person must have gross income of less than $4,300
This person must have gotten more than half their support from you.
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