@Kailef wrote:
The EIC I can still get though right? He's disabled and lived with me the whole year.
So even though he doesn't qualify as a dependent, I can still claim him for the EIC only right?
Correct, if he meets the IRS test for disabled and the only reason you cannot claim is because he supports himself. The question is, how can he support himself if to meed\t the disabled test, he is unable to engage in Substantial gainful activity? If the money comes from SSDI then that would pass the test.
The IRS defines disabled this way:
Permanent and total disability.
You have a permanent and total disability if you can't engage in any substantial gainful activity because of your physical or mental condition. A qualified physician must certify that the condition has lasted or can be expected to last continuously for 12 months or more, or that the condition can be expected to result in death.
Substantial gainful activity.
Substantial gainful activity is the performance of significant duties over a reasonable period of time while working for pay or profit, or in work generally done for pay or profit. Full-time work (or part-time work done at your employer's convenience) in a competitive work situation for at least the minimum wage conclusively shows that you are able to engage in substantial gainful activity.
Claiming disabled has no tax benefit unless child care was necessary so that you could work that normally cuts off after age 12, but is allowed if the care is necessary for an older disabled child.
It also allows claiming a Qualified Child as a dependent beyond the age of 18 and would do nothing for a younger child.
It also allows claiming the EIC if the child does not meed the dependent test if the only reason is the child's income pays more then half of the child's own support.
**Disclaimer: This post is for discussion purposes only and is NOT tax advice. The author takes no responsibility for the accuracy of any information in this post.**
