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Can I claim my 24 yo son who is special needs and also lives with me. Im his guardian and he receives SSI disability?

Can I claim my disabled son as a dependent?
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2 Replies

Can I claim my 24 yo son who is special needs and also lives with me. Im his guardian and he receives SSI disability?

You may be able to claim him under the Qualifying Child rules if you indicate he is disabled when entering him as a dependent.

 

To be a Qualifying Child -

1. The child must be your son, daughter, stepchild, foster child, brother, sister, half brother, half sister, stepbrother, stepsister, or a descendant of any of them.
2. The child must be (a) under age 19 at the end of the year, (b) under age 24 at the end of the year and a full-time student or (c) any age and permanently and totally disabled.
3. The child must have lived with you for more than half of the year. Temporary absences while away at college are considered living with you.
4. The child must not have provided more than half of his or her own support for the year.
5. If the child meets the rules to be a qualifying child of more than one person, you must be the person entitled to claim the child as a qualifying child.
6. The child must be a U.S. citizen or U.S., Canada or Mexico resident for some portion of the year.
7. The child must be younger than you unless disabled.

MinhT1
Expert Alumni

Can I claim my 24 yo son who is special needs and also lives with me. Im his guardian and he receives SSI disability?

Yes.

 

If your son is totally and permanently disabled, you can claim him as a dependent (qualifying child) no matter his age, as long as he does not provide more than half of his own support.

 

Please read this TurboTax article on Who Can I Claim as a Tax dependent?

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