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Level 1

My son joined the military the end of June. When I entered his info there wasn't a box to check that he was in the military. Can I still claim him?

Maybe I haven't got far enough to put in more of his info.
8 Replies
Level 20

My son joined the military the end of June. When I entered his info there wasn't a box to check that he was in the military. Can I still claim him?

There is no where to enter that he was in the military. What's important is the question on how long he lived with you. A "child" away from home for military training is considered a temporaray absence and still living at home.

He is not considered to have "moved out" until he gets his permanent duty station. 

Level 20

My son joined the military the end of June. When I entered his info there wasn't a box to check that he was in the military. Can I still claim him?

I seriously doubt he qualifies as your dependent at all, if he joined in June. I'm quite positive the military paid him more than $4050 in 2016, and that alone disqualifies you from claiming him as your dependent. Also, military basic training is not a "qualified" educational institution. It's also not considered a temporary absence either.
Level 20

My son joined the military the end of June. When I entered his info there wasn't a box to check that he was in the military. Can I still claim him?

If the child was in high school for the first half of the year, he meets the full time student rule for being considered a "qualifying child" and the $4050 income rule will not apply. I'm pretty sure that basic training, or even AIT, is considered a temporaray absence.
Level 20

My son joined the military the end of June. When I entered his info there wasn't a box to check that he was in the military. Can I still claim him?

Having served myself, and knowing others who have joined, I know for a fact that joining the military is not a temporary absence. I also know there's no way he's enrolled in even one college course, because for no less than the first year of military service, there is flat out no time for college. With no exceptions I'm aware of, the first termer military member isn't even allowed to enroll in any college courses until they have completed basic, completed their tech training, and certified at what non-military would call "the journeyman" level in whatever job they have been trained for. If he joined in June, there's no way all that was done before the end of the tax year.
So the enrollment requirement can't possibly be met, since he was not enrolled in any course of study in high school that would qualify as an undergraduate program.
Level 20

My son joined the military the end of June. When I entered his info there wasn't a box to check that he was in the military. Can I still claim him?

The question isn't about a tuition credit. It's about claiming the child's exemption. High school qualifies as a full time student.
Yes, i agree that joining (or being drafted in my day) the military isn't a temporaray absence. But the time in training, before receiving a PCS, is a temporary absence from his home, which is still the one he just left.
Level 20

My son joined the military the end of June. When I entered his info there wasn't a box to check that he was in the military. Can I still claim him?

Oh wait, I see where you're going. It actually has nothing to do with school at all, since they were under the age of 19 on Dec 31 of the tax year. (At least, I am assuming they were NOT 19 on or before Dec 31 of the tax year.)
Of the five requirements, the first two (relationship and age) are met. So nothing there.
For the 3rd requirement of the Residency test, "To meet this test, your child must have lived with you for more than half the year. There are exceptions for temporary absences, children who were born or died during the year, kidnapped children, and children of divorced or separated parents."
 I am not aware of any publication that I can find that specifies or indicates that serving in the military is a temporary absence. So if they departed home for basic on or before Jun 31st of the tax year (taking into account it's a leap year) they don't meet the residency requirement.
Level 20

My son joined the military the end of June. When I entered his info there wasn't a box to check that he was in the military. Can I still claim him?

“Temporary absence” means, according to the publications, “if one or both of you are temporarily absent from your home due to special circumstances such as illness, education, business, vacation, or military service.”
<a rel="nofollow" target="_blank" href="http://dinesentax.com/802/when-a-temporary-absence-is-not-a-temporary-absence">http://dinesentax.com...> (google results in several others incl. Pub 17).
Level 20

My son joined the military the end of June. When I entered his info there wasn't a box to check that he was in the military. Can I still claim him?

In order for it to be considered as so, TDY orders would be issued. For basic training, TDY orders are never issued for a first time new recruit. (They are for someone cross training or moving from the enlisted corp to the officer corp.) They're not PCS orders either. They are an "Order to Report for Active Military Service". (Unless something has changed in the last 18 years, which is perfectly possible.)