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Can i clame some one over the age of 18 as a dependent?

 
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Phillip1
New Member

Can i clame some one over the age of 18 as a dependent?

You can claim someone older than 18 as a dependent if you meet the requirement of the law.

If the individual is your child, you can claim them if they are a full-time college student and they do not provide more than half of their own support.

If the individual is not your child (or if they are your child and they aren’t a college student) the following must apply: (From IRS Publication 501:(

  • They do not qualify as a qualifying child dependent (if the 18 year-old is a college, this may be an issue for anyone other than a parent).

  • They are either related to you (in one the following relationships) or they live with you the entire year.

    • Your child, stepchild, foster child, or a descendant of any of them (for example, your grandchild). (A legally adopted child is considered your child.)

    • Your brother, sister, half brother, half sister, stepbrother, or stepsister.

    • Your father, mother, grandparent, or other direct ancestor, but not foster parent.

    • Your stepfather or stepmother.

    • A son or daughter of your brother or sister.

    • A son or daughter of your half brother or half sister.

    • A brother or sister of your father or mother.

    • Your son-in-law, daughter-in-law, father-in-law, mother-in-law, brother-in-law, or sister-in-law.

    • Any of these relationships that were established by marriage aren't ended by death or divorce.

  • They made less than 4,050 dollars for the year.

  • You provided more than half of their support.

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19 Replies

Can i clame some one over the age of 18 as a dependent?

I claimed my son last year because I supported him.  He lived in my home.  For 2018 I supported him until he got a job 3 months ago.  He did not even make $5,000.  Can I still claim him?
Phillip1
New Member

Can i clame some one over the age of 18 as a dependent?

You can claim someone older than 18 as a dependent if you meet the requirement of the law.

If the individual is your child, you can claim them if they are a full-time college student and they do not provide more than half of their own support.

If the individual is not your child (or if they are your child and they aren’t a college student) the following must apply: (From IRS Publication 501:(

  • They do not qualify as a qualifying child dependent (if the 18 year-old is a college, this may be an issue for anyone other than a parent).

  • They are either related to you (in one the following relationships) or they live with you the entire year.

    • Your child, stepchild, foster child, or a descendant of any of them (for example, your grandchild). (A legally adopted child is considered your child.)

    • Your brother, sister, half brother, half sister, stepbrother, or stepsister.

    • Your father, mother, grandparent, or other direct ancestor, but not foster parent.

    • Your stepfather or stepmother.

    • A son or daughter of your brother or sister.

    • A son or daughter of your half brother or half sister.

    • A brother or sister of your father or mother.

    • Your son-in-law, daughter-in-law, father-in-law, mother-in-law, brother-in-law, or sister-in-law.

    • Any of these relationships that were established by marriage aren't ended by death or divorce.

  • They made less than 4,050 dollars for the year.

  • You provided more than half of their support.

Can i clame some one over the age of 18 as a dependent?

Very helpful and polite
elderdxc
New Member

Can i clame some one over the age of 18 as a dependent?

How do you determine "more than half of his/her support" for tax purposes? If the child has a job, but lives at home and only pays a portion of his bills (car note and insurance) but no rent or food expenses, would that qualify? Would I need to keep receipts for every piece of food, every gas fill-up, every month that he lives in his room and uses gas, electricity, and water?

TomD8
Level 15

Can i clame some one over the age of 18 as a dependent?

@elderdxc  -- It's more than a little tedious, but the IRS has a worksheet for making that determination.  Here's  link to it: https://apps.irs.gov/app/vita/content/globalmedia/teacher/worksheet_for_determining_support_4012.pdf

**Answers are correct to the best of my ability but do not constitute tax or legal advice.
Hal_Al
Level 15

Can i clame some one over the age of 18 as a dependent?

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.

Can i clame some one over the age of 18 as a dependent?

My child whom is 30 and doesn't work (unabled) can I claim her for 2017 and 2018?

Hal_Al
Level 15

Can i clame some one over the age of 18 as a dependent?

@lgreenhill  - 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, a relationship test and residence test. Only a QC qualifies a taxpayer for the Earned Income Credit. 

Your 30 year old child can still be a QC if he has been diagnosed as disabled. Otherwise,  he may qualify under the qualifying relative rules, which means you must be supporting him and he has very little income.  

 

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. Scholarships are considered third party support and not as support provided by the student.
  3. He lived with the parent (including temporary absences such as away at school) for more than half the year

A person can still be a Qualifying relative dependent, if not a Qualifying Child, if he meets the 6 tests for claiming a dependent:

  1. Closely Related OR live with the taxpayer ALL year (not even one night at the non-custodial parent’s home).
  2. His/her gross taxable income for the year must be less than $4150 ($4,050 in 2017)
  3. The taxpayer must have provided more than 1/2 his support

In either case:

  1. He must be a US citizen or resident of the US, Canada or Mexico
  2. He must not file a joint return with his spouse or be claiming a dependent of his own
  3. He must not be the qualifying child of another taxpayer

if you filed for 2017 and 2018, without claiming him, you can file amended returns for those years to claim him now.  

How to amend https://ttlc.intuit.com/questions/1894381-how-to-amend-change-or-correct-a-return-you-already-filed

Anonymous
Not applicable

Can i clame some one over the age of 18 as a dependent?

Can I claim my son who is 23 but did not attend college in 2019 But I provided over half of his living support

Hal_Al
Level 15

Can i clame some one over the age of 18 as a dependent?

@Anonymous 

Simple answer: no. But, yes, if his gross taxable income is less than $4200.

 

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)*. 

 

Your son is too old to be a QC. A person can still be a Qualifying relative dependent, if he meets the 6 tests for claiming a dependent:

  1. Closely Related OR live with the taxpayer ALL year  
  2. His/her gross taxable income for the year must be less than $4200 ($4150 in 2018)
  3. The taxpayer must have provided more than 1/2 his support

In either case:

  1. He must be a US citizen or resident of the US, Canada or Mexico
  2. He must not file a joint return with his spouse or be claiming a dependent of his own
  3. He must not be the qualifying child of another taxpayer

*There is no income limit for a QC but there is an age limit, student status, a relationship test and a residence test. Only a QC qualifies a taxpayer for the Earned Income Credit . The Other dependent (qualifying relative) credit is worth (up to) $500 per dependent and is non-refundable.  That is, it can only be used to reduce an actual tax liability.

 

DavidS127
Expert Alumni

Can i clame some one over the age of 18 as a dependent?

It depends.  If you son's gross income was less than $4,200 he meets the definition of a Qualifying Relative, and can be included as dependent on your tax return.

 

See Table 5 from IRS Publication 501 at this link for more information.

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Bkyer
New Member

Can i clame some one over the age of 18 as a dependent?

Does this also apply if 19 yr old lives in an apartment and not at home?

He will make less than $4000.  I'm paying his share of his apartment rent each month beginning June 1.

Hal_Al
Level 15

Can i clame some one over the age of 18 as a dependent?

@Bkyer 

You appear to be asking about 2020, rather than 2019.  It appears that the answer will depend on the support rule. The IRS has a worksheet that can be used to help with the support calculation. See: http://apps.irs.gov/app/vita/content/globalmedia/teacher/worksheet_for_determining_support_4012.pdf 

 

Bur if makes more than $4200, you can't claim him, if he is not a full time student.  See full rules above

nparten57
New Member

Can i clame some one over the age of 18 as a dependent?

My daughter is 28 and is on disability and on SSI and has lived with me always but what she gets on SSI $529 a month and food stamps for her and her child I pay for most everything for them. Can I claim them on my taxes?

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