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Am I considered dependent regardless of whether I live with my parents or not?

I am a college student trying to transfer to a school in a different state than my parents live in. I live with my sister now and my parents do not provide 50% of my living expenses anymore. I want to be considered in-state in the state I live in now as universities mainly look at which state taxes are filed to determine that, but I am under 24 years old and my FAFSA still considers me a dependent. Can I file taxes in the state I live in as an independent as I have a job here and intend to live here permanently? Or am I still considered dependent regardless of the circumstances? 

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2 Replies
RayW7
Expert Alumni

Am I considered dependent regardless of whether I live with my parents or not?

Dependent qualifications-

The basic rules aren’t complicated. But it can be difficult to apply those rules to certain family situations. That’s especially true if you have a son off at college, a cousin who stays with you during the summer, or a daughter with a part-time job. The checklist below will help you decide which relatives you can claim as dependents.

 

Who qualifies as a dependent?

The IRS rules for qualifying dependents cover just about every conceivable situation, from housekeepers to emancipated offspring.

Fortunately, most of us live simpler lives. The basic rules will cover almost everyone. Here’s how it all breaks down.

There are two types of dependents, each subject to different rules:

  • A qualifying child
  • A qualifying relative

For both types of dependents, you’ll need to answer the following questions to determine if you can claim them.

  • Are they a citizen or resident? The person must be a U.S. citizen, a U.S. national, U.S. resident, or a resident of Canada or Mexico. Many people wonder if they can claim a foreign-exchange student who temporarily lives with them. The answer is maybe, but only if they meet this requirement.
  • Are you the only person claiming them as a dependent? You can’t claim someone who takes a personal exemption for himself or claims another dependent on his own tax form.
  • Are they filing a joint return? You cannot claim someone who is married and files a joint tax return. Say you support your married teenaged son: If he files a joint return with his spouse, you can’t claim him as a dependent.

Qualifying child

In addition to the qualifications above, to claim an exemption for your child, you must be able to answer "yes" to all of the following questions.

  • Are they related to you? The child can be your son, daughter, stepchild, eligible foster child, brother, sister, half brother, half sister, stepbrother, stepsister, adopted child or an offspring of any of them.
  • Do they meet the age requirement? Your child must be under age 19 or, if a full-time student, under age 24. There is no age limit if your child is permanently and totally disabled.
  • Do they live with you? Your child must live with you for more than half the year, but several exceptions apply.
  • Do you financially support them? Your child may have a job, but that job cannot provide more than half of her support.
  • Are you the only person claiming them? This requirement commonly applies to children of divorced parents. Here you must use the “tie breaker rules,” which are found in IRS Publication 501. These rules establish income, parentage and residency requirements for claiming a child.

Qualifying relative

Many people provide support to their aging parents. But just because you mail your 78-year-old mother a check every once in a while doesn’t mean you can claim her as a dependent. Here is a checklist for determining whether your mom (or other relative) qualifies.

  • Do they live with you? Your relative must live at your residence all year or be on the list of “relatives who do not live with you” in Publication 501. About 30 types of relatives are on this list.
  • Do they make less than $4,300 in 2020? Your relative cannot have a gross income of more than $4,300 in 2020 and be claimed by you as a dependent.
  • Do you financially support them? You must provide more than half of your relative’s total support each year.
  • Are you the only person claiming them? This means you can’t claim the same person twice, once as a qualifying relative and again as a qualifying child. It also means you can’t claim a relative—say a cousin—if someone else, such as his parents, also claim him.

The question regarding FAFSA is out of my scope, however I can direct you to this link that may provide additional information.

 

Am I Dependent or Independent? - Federal Student Aid

Am I considered dependent regardless of whether I live with my parents or not?

A shorter answer: FAFSA wants to be sure your parents' income is counted toward your financial ability to pay. For this purpose, establishing financial independence includes, but is not limited, to not being listed as a dependent on anyone else's return.

The IRS, on the other hand, is just advising you where the individual deduction should go. If you take it, no one else can, and if anyone else takes it, you can't. This is easy for them to check in their computers using your SS#.

Beyond that, the IRS is just saying the one who pays the biggest total share, who is in an interdependent relationship as specified, gets the deduction.

Hint: As long as anyone else in another state is taking a deduction for you, you will definitely not qualify as an in-state resident for tuition purposes. So this is where you need to start. But you also have to ask the question, "Are you really independent of your parents?" Your state probably has guidelines for this, and it might take some time to meet those guidelines, but you start by knowing exactly what they are so you know what you need to do. In order to be independent, you definitely will need to be paying your own expenses, which probably means having a job unless you're independently wealthy already, and you probably aren't, because then you wouldn't need in-state tuition ;-).

Have a good day and good success on becoming an independent adult!

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