My daughter is 35 not in school she didn’t work can I still claim her if she took out a 1099 retirement from her father who passed away?

[DianeW · Accepted solution]

It depends. if she meets the Qualifying Relative Rules for you as shown below, the answer is yes.  

• The two most important rules for you are the taxable income on her return and whether you provided more than half of her support. Click the image attached to use as a guide for determining support if you meet the gross taxable income test.

Qualifying Relative:

• You provided more than half of their support.

• They made less than $4,050 in gross taxable income. (Social Security income generally doesn’t count here.)

• They live with you (365 days in the year) or they are related to you.

• They aren’t a dependent on someone else’s taxes.

• They aren’t doing their taxes with a spouse (married filing jointly).

• They are a U.S. citizen, resident alien, national, or a Canadian or Mexican resident.

  You can’t claim a dependent if you are a dependent on someone else’s taxes.  Use the link here for more information.  Rules for Claiming a Dependent on Your Tax Return

• IRS Worksheet to Determine Support (click this link to print the worksheet)