Q. He wants to claim me, but I want to file my own taxes as well. Can this be done without a penalty?
A. Probably. With the 2018 tax law change, most dependents will get the same refund whether t...
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Q. He wants to claim me, but I want to file my own taxes as well. Can this be done without a penalty?
A. Probably. With the 2018 tax law change, most dependents will get the same refund whether they claim themselves or not. The personal exemption has been eliminated and the standard deduction increased. But, it depends on the source of your income. A dependent gets a standard deduction of the greater of $1350 or his earned income + $450, up to $15,750.
Q. Does this criteria apply to him claiming head of household (HoH) too?
A, Yes, essentially. To be HoH, the taxpayer must be claiming a related dependent, who lived with him for more than half the year.
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.
You are too old to be a QC (over 23), so we look to the Qualifying Relative rules if you can be an Other dependent. The critical rule is: you must have less than $5200 of income. Nontaxable Social security doesn't count as income, for the income test, but social security money you spend on yourself does count as support not provided by him, for the support test.
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