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Level 2
July 28, 2022
Question

Can I claim my adult child and his wife as dependents if the live with us and pay rent?

  • July 28, 2022
  • 2 replies
  • 36 views
My adult son and his wife moved back home. They are paying some rent which covers a portion of the utilities, groceries and room rental. This amount is significantly less than they would pay to get an apartment of their own. At least half or more. Can we claim them as dependents?

2 replies

Level 15
July 28, 2022

You say they are paying rent to you.   What income do they have?   Are they employed?   Did they file a joint tax return?   You cannot claim them if they filed a joint tax return.   And.....you cannot claim a person as a qualifying relative dependent if they have $4300 of income--not counting Social Security.

 

IRS interview to help determine who can be claimed:

https://www.irs.gov/help/ita/who-can-i-claim-as-a-dependent

https://ttlc.intuit.com/questions/3113432-who-can-i-claim-as-my-dependent  

 

 

WHO CAN I CLAIM AS A DEPENDENT?

 

You can claim a child, relative, friend, or fiancé (etc.) as a dependent on your 2021 taxes as long as they meet the following requirements:

Qualifying child

  • They're related to you.
  • They aren't claimed as a dependent by someone else.
  • They're a U.S. citizen, resident alien, national, or a Canadian or Mexican resident.
  • They aren’t filing a joint return with their spouse.
  • They're under the age of 19 (or 24 for full-time students).
    • No age limit for permanently and totally disabled children.
  • They lived with you for more than half the year (exceptions apply).
  • They didn't provide more than half of their own support for the year.

Qualifying relative

  • They don't have to be related to you (despite the name).
  • They aren't claimed as a dependent by someone else.
  • They're a U.S. citizen, resident alien, national, or a Canadian or Mexican resident.
  • They aren’t filing a joint return with their spouse.
  • They lived with you the entire year (exceptions apply).
  • They made less than $4,300 in 2021.
  • You provided more than half of their financial support.

When you add someone as a dependent, we'll ask a series of questions to make sure you can claim them. There may be other tax benefits you can get when you claim a dependent.

**Disclaimer: Every effort has been made to offer the most correct information possible. The poster disclaims any legal responsibility for the accuracy of the information that is contained in this post.**
DoninGA
Level 15
Level 15
July 28, 2022

You would only be able to claim them as your dependents under the Qualifying Relative rules if they are not filing a joint tax return and the gross income from either of them is less than $4,400 among the other requirements.  Since they are paying rent and other expenses more than likely you would not be able to claim them as dependents

Assuming that they are age 19 or older and Not a full time student.

 

To be a Qualifying Relative -

1. The person cannot be your qualifying child or the qualifying child of any other taxpayer. A child is not the qualifying child of any other taxpayer if the child's parent (or any other person for whom the child is defined as a qualifying child) is not required to file an income tax return or files an income tax return only to get a refund on income tax withheld.
2. The person either (a) must be related to you or (b) must live with you all year as a member of your household.
3. The person's gross income for the year must be less than $4,400 (social security does not count) in 2022
4. You must provide more than half of the person's total support for the year.
5. The person must be a U.S. citizen or a U.S., Canada, or Mexico resident for some part of the year.
6. The person must not file a joint return with their spouse.