18 yr old daug stayed with friends for 3 months bf marrying in Aug. We pd bills along with healthcare for her. Now she is filing and wants to claim herself as she pd more50%

[donrhoades43]

I have no proof of what I paid in comparison to her. She was only gone for a few months which is why she still qualified as our dependent. With this info I'm thinking I need to ammend what we filed? All the other requirements were met as a qualifying child.

[DanielV01 · Accepted solution]

It depends.   You may meet all of the qualifications to claim your daughter as a qualifying child.  However, because she married, you will not be able to claim her as a qualifying child if she files a joint return with her spouse and they claim anything other than a return of income tax paid in.  If they file jointly and claim any school credits or any dependents of their own, you will not be able to claim your daughter for any purpose.  

If you have a friendly relationship with her new spouse, then you might be able to determine together what is the better way to collectively file your tax returns.  This could vary greatly depending on how much income they made for their own return.

[donrhoades43]

They have not yet filed, which is why the question arose. Are you saying that we could still claim her even if she paid her expenses?

[DanielV01]

If she lived with you for at least 6 months and one day, and she did not care for at least half of her own support, then you could as long as they either file as Married Filing Separately, or, if they earned less than 16,650, they can file joint as long as they only claim a refund on their taxes withheld.  Any other tax benefits, and you would not be able to claim her.  In addition, the more money she made, the more likely that you would not be able to claim her, because it is easier for her to claim that she did provide at least half of her own support.

[donrhoades43]

Sounds like I need to ammend. Thanks for your help.

[DanielV01]

You're welcome.  There's another thing.  If you originally claimed her, and now realize you do need to ammend, then they will need to mail in their return if they also are filing a joint return.  Otherwise, the return will reject electronically.

[donrhoades43]

Oh! Good to know. I'm thinking I should try to do my best in figuring 50%. How is that determined with a child?

[DanielV01]

Here is an IRS link for the worksheet (as well as an explanation):  <a rel="nofollow" target="_blank" href="https://www.irs.gov/publications/p17/ch03.html#en_US_2016_publink1000170907">https://www.irs.gov/pub... is a pdf version of the worksheet:  <a rel="nofollow" target="_blank" href="https://apps.irs.gov/app/vita/content/.../worksheet_for_determining_support_4012.pdf">https://apps.i...>

You may use the worksheet to determine if she provided at least half of her own support.  If she did, then you wouldn't claim her.  However, even if you don't claim her, if she was in your home for at least 6 months, you may still be allowed to claim her for Earned Income Credit.  This FAQ link has more information:  <a rel="nofollow" target="_blank" href="https://ttlc.intuit.com/replies/4835245">https://ttlc.intuit.com/replies/4835245</a>.  Again, she either cannot file joint, or only file joint to have taxes returned for you to claim EIC.

[donrhoades43]

Sorry to add another question, you've been so helpful. Upon giving this info to daug, she says she thinks she saw an option to still file married jointly and then check a box stating she was claimed by someone else. Is this true? I don't recall this as an option.

[DanielV01]

Yes, this is an option.  If they did not make very much money, have no dependents or school credits they are claiming, and are only looking to get back the taxes they paid in, she is correct.  She will select this option, and there will be no conflict with you claiming her as far as your returns are concerned.

[donrhoades43]

I'm not sure what their income was but I do know he will owe. He was on unemployment and did not have taxes taken out. I think she was expecting a refund on her end.

[DanielV01]

Depends on how much of combined income they have.  If they owe filing joint, however, you won't be able to claim her if they file a joint return because they would have a filing requirement.  They would want to file separately in this situation.  For you to be able to claim her with them filing a joint return, they must get back all of the taxes they paid in.

[donrhoades43]

Thank you! You have cleared up so much for me!!!

[DanielV01]

You're welcome.