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Gkzes2
New Member

Dependents

2 of my dependents from last year have status changes. My father-in-law passed away at the end of February. We were his provider so he was a dependent. How do I handle this change since he passed away at the end of February? Also, my son graduated from college, now what? He still lives with me and is on my health insurance. Although, he has a full time job. Not sure if I can claim either one of them next year. 

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2 Replies
Destiny_Y_JD
Employee Tax Expert

Dependents

My thoughts are with you and your family on your father-in-laws passing. There are special rules for birth and death of a dependent.  You can claim a dependent who died during the year if you would have been entitled to claim their exemption if they would have survived through the end of the year.

See this explanation from IRS Publication 501.  So for 2021, your father-in-law will still be considered a dependent.
On a much happier note,  congrats to your son for graduating. This question would depend on his age and how much he is making at his current employer. Your son has now reached status basically as an "other dependent". which his status would be based on the following: 

  • Not a Qualifying Child: They are not the “qualifying child” of another taxpayer or your “qualifying child.” (due to age over 24 or fact that no longer in college if over 19 both making him no longer qualifying)
  • Gross Income: The dependent being claimed earns less than $4,300 in 2020 (this amount usually increases each year.)
  • Total Support: You provide more than half of the total support for the year.
  • Member of Household or Relationship: The person (a friend, girlfriend, non-blood relative) must live with you all year as a member of your household or be related to you.

Therefore, if he does not fall into each of the bullet points above, then he would file his own taxes and you would not be able to claim him as a dependent. 

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LauraJCPA
Employee Tax Expert

Dependents

Hi, Gkzes2!

 

First, please accept my condolences for the passing of your father-in-law. Losing someone is hard!

 

According to IRS Publication 501: Dependents, Standard Deduction, and Filing Information if someone who would otherwise be eligible as your dependent dies during the year, you many still claim them. (See page 18 of the linked publication.)

 

Your son may also qualify as your dependent but not as a qualifying child because he does not meet the age test. Depending on his income, he may qualify as a qualifying relative. See page 17 of the above publication for more information.

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