DMarkM1
Employee Tax Expert

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Yes, you can count any child regardless of age in your household for form 8962 as long as they are a dependent on your tax return.  However, he does not qualify as a dependent for the Earned Income Credit since he is not a qualifying child.  He is not under 24 and a full-time student. 

 

For stimulus payments the child cannot be a claimed on someone else's 2020 tax return and claim a stimulus payment.  

 

Further, the question he will be asked on his tax return is "Can [he] be claimed on someone else's tax return?"  Not "Will he be claimed...? 

 

If he meets the qualifications to be claimed as a dependent, whether or not you actually claim him, he would mark the box appropriately and be disqualified from any stimulus payments.  

 

Here is the criteria for a qualifying relative.  It appears he meets all these tests.  

  1. The person can't be a qualifying child or the qualifying child of any other taxpayer.

  2. The person is (a) related to you or (b) lives with you all year as a member of your household 

  3. The person's gross income for the year is less than $4,300.

  4. You provide more than half of the person's total support for the year.

If he does not meet the above tests then he can file a 2020 tax return with zero income and indicate that he "Cannot be claimed as a dependent" and would be eligible for the stimulus payments in the form of a Recovery Rebate Credit on the tax return.

 

Here is a link with more information.

   

 

 

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