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Get your taxes done using TurboTax
You will need to file a 2020 tax return. You should indicate that you "Cannot be claimed as a dependent". You will have to print, sign and mail your tax returns. You will need to be prepared to show that you do not qualify as a dependent.
The IRS will see the conflicting tax returns and send letters to all parties to show proof of their claims.
Here are the criteria below, first for qualifying child and then qualifying relative. You will need to fail both sets of tests in order to not be a dependent. The key tests normally are:
- Age/student status
- did you provide over 1/2 of your own support?
If you fail either of these tests, you are not a qualifying child
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The child must be your son, daughter, stepchild, foster child, brother, sister, half brother, half sister, stepbrother, stepsister, or a descendant of any of them.
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The child must be (a) under age 19 at the end of the year and younger than you (or your spouse if filing jointly), (b) under age 24 at the end of the year, a student, and younger than you (or your spouse if filing jointly), or (c) any age if permanently and totally disabled.
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The child must have lived with you for more than half of the year.
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The child must not have provided more than half of his or her own support for the year.
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The child must not be filing a joint return for the year (unless that joint return is filed only to claim a refund of withheld income tax or estimated tax paid).
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- Did you make over $4300 not including SSI
- Did you provide over 1/2 of your support (SSI counts as someone else providing support not you)
If you fail either of these tests, you would not be a qualifying relative.
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The person can't be your qualifying child or the qualifying child of any other taxpayer.
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The person either (a) must be related to you in one of the ways listed under Relatives who don't have to live with you , or (b) must live with you all year as a member of your household (and your relationship must not violate local law).
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The person's gross income for the year must be less than $4,300.
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You must provide more than half of the person's total support for the year.
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