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Level 3
February 23, 2022
Question

I am not claiming my 20 year old income earning daughter as a dependent, why are full time students earning income from w-2 wages not allowed to apply for EITC?

  • February 23, 2022
  • 19 replies
  • 153 views
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19 replies

Level 15
February 23, 2022

If she is 20 and she is a full-time student ---she CAN be claimed as a dependent---so she is supposed to say on her own return that she can be claimed.   Dependents cannot get EIC --- or stimulus money.

 

https://ttlc.intuit.com/community/dependents/help/when-do-i-have-to-answer-yes-to-being-claimed-as-a-dependent/00/1994319

 

 

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
**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.**
VolvoGirl
Level 15
February 23, 2022

I have a general Question?  What is a "specified student" on the last 2 points on the EIC qualifications?

https://ttlc.intuit.com/community/credits-and-deductions/help/what-are-the-qualifications-for-the-earned-income-credit-eic-or-eitc/00/25603 

Mike9241
Level 15
Level 15
February 23, 2022

if she is supplying more than 1/2 of her support (unusual) then she can not be claimed as a dependent by you. and she should mark her return that she can not be claimed as a dependent. otherwise, she should indicate she's someone else's dependent and you should claim her as a dependent. 

https://apps.irs.gov/app/vita/content/globalmedia/teacher/worksheet_for_determining_support_4012.pdf 

Mike9241
Level 3
February 23, 2022

EXACTLY, so why can she not receive EITC if under the age of 24 and I am NOT claiming her as a dependent?

KrisD15
Level 15
February 23, 2022

According to the IRS:

 

"You are eligible to claim the EITC without a qualifying child if you meet all the following rules. You (and your spouse if you file a joint tax return) must:

  • Meet the EITC basic qualifying rules
  • Have your main home in the United States for more than half the tax year
    • The United States includes the 50 states, the District of Columbia and U.S. military bases. It does not include U.S. possessions such as Guam, the Virgin Islands or Puerto Rico
  • Not be claimed as a qualifying child on anyone else's tax return

  • Be at least age 18 at the end of the tax year (usually Dec. 31)
    • The minimum age to claim the EIC is generally age 19; however, if you are a qualified former foster youth or a qualified homeless youth, you need to be at least age 18.
    • If you are a specified student (other than a qualified former foster youth or a qualified homeless youth), you need to be at least age 24."

IRS LINK

 

Specified Student means:

 

" (C) Specified student For purposes of this paragraph, the term “specified student” means, with respect to any taxable year, an individual who is an eligible student (as defined in section 25A(b)(3) ) during at least 5 calendar months during the taxable year."

 

Cornell Law Link

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