Q. Well, the child is not dependent anymore, got more than $5,200 for the internship. Right?
A. Maybe. The $5200 income rule, alone, does not disqualify a student-child from being a dependent.
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Q. Well, the child is not dependent anymore, got more than $5,200 for the internship. Right?
A. Maybe. The $5200 income rule, alone, does not disqualify a student-child from being a dependent.
There are two types of dependents, "Qualifying Children"(QC) and Other ("Qualifying Relative" in IRS parlance even though they don't have to actually be related). There is no income limit for a QC but there is an age limit, student status, a relationship test and residence test.
A child of a taxpayer can still be a “Qualifying Child” (QC) dependent, regardless of his/her income, if:
He is under age 19, or under 24 if a full time student for at least 5 months of the year, or is totally & permanently disabled
He did not provide more than 1/2 his own support. Scholarships are excluded from the support calculation
He lived with the parent (including temporary absences such as away at school) for more than half the year
So, it doesn't matter how much he earned. What matters is how much he spent on support. Money he put into savings does not count as support he spent on himself.
The support value of the home, provided by the parent, is the fair market rental value of the home plus utilities & other expenses divided by the number of occupants.
The IRS has a worksheet that can be used to help with the support calculation. See: http://apps.irs.gov/app/vita/content/globalmedia/teacher/worksheet_for_determining_support_4012.pdf
See full dependent rules at: https://turbotax.intuit.com/tax-tools/tax-tips/Family/Rules-for-Claiming-a-Dependent-on-Your-Tax-Return/INF12139.html
Q. I should still be able to claim 1099-Q distribution as tax free, since I used this money to pay for their qualified expenses (regardless of dependency status the child is still the beneficiary). Right?
A. Yes. It even goes further. You did not have to actually use the money to pay education expenses. It is only necessary that he had expenses and did not use those expenses to claim another tax benefit (tax free scholarship and/or tuition credit), no double dipping. Room and board (R&B) are qualified expenses for a 529 distribution but not tax free scholarship and a tuition credit.
Q. The child will not be able to claim educational credit though, but this is OK, since I am getting tax relief, which should be bigger. Right?
A. It depends on the numbers, including how much R&B there is. Only the earnings portion of the 1099-Q is taxable. So the taxable portion, of a distribution is only a fraction of the total distribution. So, it depends on the student's tax liability and which credit he is eligible for, whether you benefit is bigger. The tuition credit is usually the biggest benefit. Tax free scholarship also usually beats tax free 529 distribution. The 10% penalty is waived in those situations.