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 (23 or under), student status, a relationship test and residence test. Only a QC qualifies a taxpayer for the Earned Income Credit. They are interrelated but the rules are different for each.
The support test is different for each type. The support test, for a QC, is only that the child didn't provide more than half his own support. The support test for a Qualifying Relative is that the taxpayer provided more than half the relative's support.
A stepchild is the same as a child for tax purposes. But, the fact that he is now 24 means he can no longer be a QC. That means he now has to meet the income test (support, alone, is not enough).
A person can still be a Qualifying relative dependent, if not a Qualifying Child, if he meets the 6 tests for claiming a dependent:
- Closely Related OR live with the taxpayer ALL year
- His/her gross taxable income for the year must be less than $5200 (2025) ($5050 for 2024). Any taxable scholarship counts as income for this test (but not tax free scholarship).
- The taxpayer must have provided more than 1/2 his support. Tax free scholarships are ignored for the support test, but student loans, solely in the student's name, are support not provided by you.
In either case:
- He must be a US citizen or resident of the US, Canada or Mexico
- He must not file a joint return with his spouse or be claiming a dependent of his own
- He must not be the qualifying child of another taxpayer
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