Dependents

Mikayla A — Sun, 07 Feb 2021 21:04:22 GMT

I have two children:

1st is 24, lived with me entire year, on my health insurance, not enrolled in school, has a part time job.

2nd is 23, Lived with me 6 months, on my health insurance, was enrolled in college part time. has had her own apartment for 6 months and a full time job for 3 month.

I do not think I can claim them as dependents correct? Actually I do not want to claim them, but turbo tax asks if someone can claim them. I think the answer is no. If I click no one can claim them, they get money back, I guess from the 1st stimulus package

Thanks in advance for any responses.

Re: Dependents

DMarkM1 — Sun, 07 Feb 2021 21:31:38 GMT

They probably do not meet the criteria for you to claim them as dependents. The criteria is listed below.

First for the 24-year-old, did their income exceed $4300 for the year. If so, you would not be able to claim them.

To be considered a qualifying relative:

The person can't be your qualifying child or the qualifying child of any other taxpayer.
The person either (a) must be related to you in one of the ways listed under Relatives who don't have to live with you , or (b) must live with you all year as a member of your household2 (and your relationship must not violate local law).
The person's gross income for the year must be less than $4,300.
You must provide more than half of the person's total support for the year.

For the 23-year-old the criteria is as follows:

The child must be your son, daughter, stepchild, foster child, brother, sister, half brother, half sister, stepbrother, stepsister, or a descendant of any of them.
The child must be (a) under age 19 at the end of the year and younger than you (or your spouse if filing jointly), (b) under age 24 at the end of the year, a student, and younger than you (or your spouse if filing jointly), or (c) any age if permanently and totally disabled.
The child must have lived with you for more than half of the year.
The child must not have provided more than half of his or her own support for the year.
The child must not be filing a joint return for the year (unless that joint return is filed only to claim a refund of withheld income tax or estimated tax paid).

The first question to answer is the person student as defined by the IRS?

Student defined.

To qualify as a student, your child must be, during some part of each of any 5 calendar months of the year:

A full-time student at a school that has a regular teaching staff, course of study, and a regularly enrolled student body at the school; or
A student taking a full-time, on-farm training course given by a school described in (1), or by a state, county, or local government agency.

The 5 calendar months don't have to be consecutive.

Full-time student.

A full-time student is a student who is enrolled for the number of hours or courses the school considers to be full-time attendance.

If they are not a student, then I'm sure their income exceeds the $4300 so you would not be able to claim them.

If the 23-year-old is a student, then did they provide over 1/2 their own support. I believe a case could be made that they did, but you would have to run the numbers.

topic Re: Dependents in Deductions & credits

Dependents

Re: Dependents