Hal_Al
Level 15

Education

@briandsmith  said "I think the only way to resolve this is to remove her as a dependent on her father's return".

 

No. The "kiddie tax" is NOT based on her being a dependent.  It's because she is a full time student, under age 24, whose earned income is less than half her support*.  The father giving up the the tax benefits, of a student-dependent, will not reduce the student's tax.  Furthermore, she is still required to report that she CAN be claimed as a dependent, even if not actually being claimed. 

 

What are her numbers?  Box 1 and box 5 of the 1098-T?  Books and computer?  Any other income?  Is the parent's income too high to claim the Tuition Credit?

 

*Reference: https://www.irs.gov/taxtopics/tc553