My daughter is a 27 year law student. I pay 1/2 her support (rent, food, utilities etc), her tuition. In 2022 she had unearned income from the sale of stocks of $7.3K. My interpretation is I cannot claim her as a dependent because she is not under the age of 23 even though I pay 1/2 her support or am I missing something?
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You are correct you cannot claim her as a dependent. She is older than 23 and had gross income of $4,400 or more in 2022 so she cannot be claimed as a dependent under the Qualifying Relative rules.
To be a Qualifying Relative -
1. The person cannot be your qualifying child or the qualifying child of any other taxpayer. A child is not the qualifying child of any other taxpayer if the child's parent (or any other person for whom the child is defined as a qualifying child) is not required to file an income tax return or files an income tax return only to get a refund on income tax withheld.
2. The person either (a) must be related to you or (b) must live with you all year as a member of your household.
3. The person's gross income for the year must be less than $4,400 (social security does not count) in 2022
4. You must provide more than half of the person's total support for the year.
5. The person must be a U.S. citizen or a U.S., Canada, or Mexico resident for some part of the year.
6. The person must not file a joint return with their spouse.
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