I am 18 but live at home. My son is due 01/2018 but could come 12/2017. My parents want to claim him but I also want to. Who has the right to claim my son on 2017 taxes?

[its-libby328]

Since I am the parent of my child, can my parents legally claim him on their taxes if he comes before January? I am wanting to claim him but we are living with my parents. Do they have the right to my son or do they have to have my permission first?

[DoninGA]

If you are being claimed as a dependent on your parent's tax return, you cannot claim a dependent on your tax return.

[Opus 17]

If the child is born alive on or before December 31, then: You as parent always get first choice to claim the child as dependent.  Your parents (the child's grandparents) also qualify, as long as their income is equal or more than yours. In most cases, the taxpayer with the higher income will get the larger tax break for the child, however, the only way to know for sure is to test it both ways.  It would be a shame for you to insist on your right and then get nothing back because your income was very low. Note that to claim the child, you will need a social security number, so you can't file until it arrives.  Often the birth hospital will help with the application paperwork.

[VolvoGirl]

Will you be filing your own return?  Do you have any income to report?

[SweetieJean]

Are you married? Where is the child's Father? Does he live with you as well?

[its-libby328]

Yes I will be filing my own return, and not married. Not living with the father either but he is still very much in the picture. We just can't afford a home for ourselves at the moment.

[SweetieJean]

I think it is likely that your parents CAN claim you as a dependent this year, and thus you cannot claim any 2017 newborn.
How much is your 2017 income? Have you provided more than 50% of your own support (including housing) for the year?

[its-libby328]

I'll be getting about 500 dollars back if that. My parents both have wealthy jobs so they'll be getting way more. Im living here rent free also. Seeing all of the answers are just proving me and my boyfriend were wrong about being able to claim our son. I just wish there was something to work out that they could claim me if I could claim him but unfortunately that's not possible.

[SweetieJean]

Of course, all this will change if you get married. If your son is born in 2018, the situation may be different that year as well.

[Opus 17]

Penalty for late addition of more details.

Firstly though, why would you want to get a few dollars if that means stopping your parents from getting back thousands?  You live together and presumably you want this to be a happy arrangement, right?

Now, you mentioned a boyfriend.  Covered by a completely different set of rules.

You don't say if the boyfriend lives with you at your parents' home.  If he does NOT live with you, then he can't claim the child as a dependent because to do so, the child has to live with him in his home.  Also, if he lives with his parents, then he may be able to be claimed by them as a dependent which would also block him from claiming a dependent of his own.

However, if the boyfriend lives with you in your parents' home, then it is much harder for your parents to claim him as a dependent than to claim you.  To claim your boyfriend as a dependent, he must live in your parents' home for the ENTIRE year, and he must earn less than $4050 in taxable income.  If he can be claimed as a dependent, then he can't claim a dependent.  But if he can't be claimed as a dependent of your parents, but he lives in their home with you and child, then he could claim your child as a dependent (assuming born before 12/31 of course).

Now, the fact remains that unless he has more than about $10,000 of income, he would get less for your child than your parents will, so why mess that up?  But if your boyfriend does work, and lives with you, and can't be claimed as a dependent by his parents or yours, then he can claim the child if it is born this year.

[its-libby328]

Yes I do want this to be a good happy arrangement, that being said though I wasnt even asked and this is MY son we're talking about. I do not mind for them to claim me, they know that. But considering they make PLENTY and Im struggling so every "few dollars" helps me in every way.

[Opus 17]

Well, now you know the various rules.  Good luck.

[briana]

No you claim the child you are the legal parent!!

[Hal_Al]

No, that's not correct. A child can be the qualifying child of any relative in the household. So, anyone can claim him. It's only if they can't agree do tie breaker rules apply. Being the legal parent is, in deed, one of the top rules. But the parent being a dependent is a higher rule. The grandparents have a higher claiming right than the parent

[briana]

So what she is 18 now she makes her own choice as if she wants to be there dependant or not and of they were to claim her and she went to file her own taxes and got rejected and did all the steps required when a situation like that happens those grandparents will be in big trouble trust me happened with me when i 1st turned 18 and that person still can't file taxes without them getting took to this day and I'm now 26yrs old