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mlntl96
New Member

Can i claim our daughter and her childdren if they live in one of our properties where we pay all the bills.

 
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1 Best answer

Accepted Solutions
Hal_Al
Level 15

Can i claim our daughter and her childdren if they live in one of our properties where we pay all the bills.

No. At least, most likely no.

That does not count as living with you. If you daughter has enough income to have to file a tax return, then definitely no.

Full rules follow.

There are two types of dependents, "Qualifying Children"(QC) and standard ("Qualifying Relative" in IRS parlance even though they don't have to actually be related). There is no income limit for a QC but there is an age limit, a relationship test and a residence test. Only a QC qualifies the taxpayer for the Earned Income Credit, the Child Tax Credit. They are interrelated but the rules are different for each. 

Since they don't live with you they can not be your QC.

A person can still be a Qualifying relative dependent, if not a Qualifying Child, if he meets the 6 tests for claiming a dependent:

1. Closely Related OR live with the taxpayer ALL year

2. His/her gross taxable income for the year must be less than $4,050 (2016)

3. The taxpayer must have provided more than 1/2 his support

In either case:

4. He must be a US citizen or resident of the US, Canada or Mexico

5. He must not file a joint return with his spouse or be claiming a dependent of his own

6. He must not be the qualifying child of another taxpayer. That is your  daughter  must not be required to file a return,

     and she cannot file a return claiming the children

View solution in original post

1 Reply
Hal_Al
Level 15

Can i claim our daughter and her childdren if they live in one of our properties where we pay all the bills.

No. At least, most likely no.

That does not count as living with you. If you daughter has enough income to have to file a tax return, then definitely no.

Full rules follow.

There are two types of dependents, "Qualifying Children"(QC) and standard ("Qualifying Relative" in IRS parlance even though they don't have to actually be related). There is no income limit for a QC but there is an age limit, a relationship test and a residence test. Only a QC qualifies the taxpayer for the Earned Income Credit, the Child Tax Credit. They are interrelated but the rules are different for each. 

Since they don't live with you they can not be your QC.

A person can still be a Qualifying relative dependent, if not a Qualifying Child, if he meets the 6 tests for claiming a dependent:

1. Closely Related OR live with the taxpayer ALL year

2. His/her gross taxable income for the year must be less than $4,050 (2016)

3. The taxpayer must have provided more than 1/2 his support

In either case:

4. He must be a US citizen or resident of the US, Canada or Mexico

5. He must not file a joint return with his spouse or be claiming a dependent of his own

6. He must not be the qualifying child of another taxpayer. That is your  daughter  must not be required to file a return,

     and she cannot file a return claiming the children

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