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delugrnc
Returning Member

Can I claim?

We have an adult son who is divorced with 2 children under age 18. He has not worked for all of 2019 due to medical reasons, yet has been denied SS disability. We have been his sole support the entire year - housing, utilities, groceries, car expenses, insurance, clothing, etc. since he has no income at all. His ex is not working. Medicaid has paid for medical needs and he gets a very small food stamp allowance. 

 

My questions are whether or not we can claim them as dependents? They live in a different state, so not with us. Since he has no income, does he need to file a 2019 tax return? If so, can he get the earned income credit since he basically has no income? IF he is ever approved for disability income, how does that figure into his tax status? We are trying to arrange for a legal team to appeal his disability denials.

 

We are both retired. Pensions and IRA distributions have taxes withheld. Social Security does not. 

4 Replies
xmasbaby0
Level 15

Can I claim?

If your son has had no income at all then he cannot get earned income credit, nor can he qualify for any other child-related credits. The child-related credits are based on having income earned by working.   It sounds like he has nothing to enter on a tax return for 2019.

 

You may be able to claim them as qualified relatives in order to get the $500 credit for other dependents.  You cannot get any of the other child-related credits such as earned income credit, child tax credit or childcare credit.

 

WHO CAN I CLAIM AS A DEPENDENT?

 

You can claim a child, relative, friend, fiance (etc.) as a dependent on your 2018 taxes as long as they meet the following requirements:

Qualifying child

• They are related to you.

• They cannot be claimed as a dependent by someone else.

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

• They are not filing a joint return with their spouse.

• They are under the age of 19 (or 24 for full-time students).

    • No age limit for permanently and totally disabled children

        They live with you for more than half the year (exceptions apply).

Qualifying relative

• They don't have to be related to you (despite the name).

• They cannot be claimed as a dependent by someone else.

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

• They are not filing a joint return with their spouse.

They lived with you the entire year.

• They made less than $4200 in 2019

• You provided more than half of their financial support. More info

When you add someone as a dependent, we'll ask a series of questions to make sure you can claim them.

Related Information:

Does a dependent have to live with me?

What does "financially support another person" mean?

Can I claim a newborn baby?

 

https://ttlc.intuit.com/questions/4499708-what-is-the-500-credit-for-other-dependents-family-tax-cre...

 

 

 

 

**Disclaimer: Every effort has been made to offer the most correct information possible. The poster disclaims any legal responsibility for the accuracy of the information that is contained in this post.**
Critter
Level 15

Can I claim?

There are 2 kinds of dependents ... Qualifying Child & Qualifying Relatives ... since they do not live with you they fall under the second kind ...

  • Can I claim my relative or friend as my dependent?

    A dependent doesn't always have to be your child. Dependents come in all shapes, sizes and relationships. If all of the statements below are true, you can claim them as a dependent.

    • Relationship: The person lives in your home for the entire year and is considered to be a member of your household. If they don't live with you, they need to be related to you.
    • Income: Generally, their income is less than $4,150 (not including Social Security and welfare).
    • Support: Generally, you provide more than half the person's support.
    • Marital status: Generally, a dependent can't do their taxes with a spouse (married filing jointly). They also can't be a dependent on someone else's return.
    • Nationality: The person is a United States citizen; or a resident or national of the U.S., Canada or Mexico.

    Still not sure? We'll ask you questions in TurboTax to help you figure out who you can claim as a dependent.

xmasbaby0
Level 15

Can I claim?

You also asked what might happen tax-wise for your son if he later on starts to receive Social Security disability benefits.  If his only income is SS, then he will not need to file a tax return at all, unless he also works and has other income besides the SS.  If his only income becomes SS, then again, he does not qualify for any other child-related credits, etc.  Those credits are only obtained by working and earning income.

**Disclaimer: Every effort has been made to offer the most correct information possible. The poster disclaims any legal responsibility for the accuracy of the information that is contained in this post.**
NCperson
Level 15

Can I claim?

because they did not live with you, your son and the grandchildren are not "qualifying children" (the $2000 tax credit), but they are "qualifying dependents" (the $500 tax credit).  I assume they are US citizens and have SS numbers.....

 

As the name implies, the earned income credit is a credit against EARNED income.  Since your son has no earned income, there is no earned income credit.  That is true for you as well as you note you do not work.

 

I hope this works out for you...

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