Hal_Al
Level 15

Education

Q.  about 4 paragprahs above there is something else that sounds like my son cannot claim rebate recovery  of 1400.

A. No. That Paragraph is only saying that student status leads to him being a dependent which, in turn, denies him the stimulus/rebate credit.  We've already established that it's the residency rule and his income that keeps your son from being a dependent.

 

Q.  i am confused as it all refers to '2020 graduates' My son is 22, he graduated in 2022 but is now working on his Masters at same school. Which is why he might go from independent to dependent becuae he most likely cant provide e 50% of support in 2022-2023. Not sure as I need more info from his father about who controls my poor sons finances.  But we established that he is ok for being independent for 2021???  

A. Yes. He can't be a Qualifying child dependent because he doesn't reside with the parent.  He can't be a Qualifying Relative Dependent because his taxable income is more than $4300.

 

Q.  by the way, then  could the IRS question that a well? 

A. The IRS can question anything. 

 

Q. THnis sentence says if they are full time for more than 4 months and one day in 2021, then they technically are still a dependent - so given my son is in school still - and a senior in 2022 and more than the time specified below of more than 4 mths 1 day then it says hes a dependent in tax year 2021???? How can that be correct? 

A. It's only correct if he also meets the other 2 Qualifying Child rules (support and residency). He doesn't.

 

Q. Another questions is that he livfes in NJj and worked summer in Colorado and paid 4700 in rent and drvvoe out there 4 days from NJ - none of that is deducitble as a post from 2019 somehwere in turbtoax said that that temp living expenses for internship can be deducted as job expenses but then I couldnt find it in tt so she said it was an old dated post updated to a 2019 date but no longer exists - plus that would mean only itemizing right?

A. As previously discussed, a W-2 cannot deduct any of those expenes, either directly or as an itemized deduction.  I think you indicated that the internship may have been self employment.  Self employed people are allowed to deduct out of town expenses. But, a student internship would not qualify for those deductions.

 

Q. Do you recommned taking the 1400 from what you've read from IRS? 

A. Simple answer: Yes.  You have a reference to cite and TT allows it.  The lack of a conflicting reference (so far) seems to suport that. 

 

Q. And you said that even if Idont get filing in tomorrow that they will not be laet-I always thought there was a filing deadline and p ayemnt deadline.

A. There are both, but there is no penalty for filing late, unless you owe tax.  The penalty for Paying late (as opposed to just filing late) will be back dated to April 15.