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My father claims me as a dependent against my will & without my consent. I collect SSDI, live with my parents paying them rent for 15 years. How do I proceed ?

Both my parents health is failing. They are unsupportive except for "letting me" live with them. I would like to talk to an agent if possible.
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2 Replies

My father claims me as a dependent against my will & without my consent. I collect SSDI, live with my parents paying them rent for 15 years. How do I proceed ?

If  you only get Social Security or SSDI or ssi you do not have to file a tax return and they can claim you.  They don't need your consent.  SSDI does not count as income for them to claim you.  They can claim you if you have less than 4,300 total income not counting the SSDI.

Hal_Al
Level 15

My father claims me as a dependent against my will & without my consent. I collect SSDI, live with my parents paying them rent for 15 years. How do I proceed ?

Normally, you have no reason to file a tax return nor do you get any refund for doing so. However, for 2020, due to the covid stimulus/Rebate credit, you would get something for filing a  2020 tax return.

 

Under the CARES Act, if you are claimed, or qualify to be claimed, as a dependent on someone else’s 2019 return you cannot receive a stimulus check, in 2020.   If you qualified as a dependent for 2019, but will not be for 2020, you will most likely get it in 2021, when you file a 2020 tax return.

Note that the requirement is not just whether you are actually claimed as a dependent, it's whether you qualify to be claimed as a dependent. 

 

As others have said, you almost certainly DO qualify as your parent's dependent and they do not need your permission to claim you.

 

There are two types of dependents, "Qualifying Children"(QC) and standard ("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 (or disability status),  a relationship test and residence test. Only a QC qualifies a taxpayer for the Earned Income Credit and the Child Tax 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.

 

See full dependent rules at: https://turbotax.intuit.com/tax-tools/tax-tips/Family/Rules-for-Claiming-a-Dependent-on-Your-Tax-Ret...

 

A child of a taxpayer can still be a “Qualifying Child” (QC) dependent, regardless of his/her income, if:

  1. 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
  2. He did not provide more than 1/2 his own support. 
  3. 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 him self.

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.

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