Can my mother claim me as a dependent?

[Eden1009]

I will be 18 on October 9th, 2019; so before the end of the tax year. I lived with my mom for over half of the year but I contributed to bills and she did not provide half of my support. I work part-time and attend college as of Fall 2019 as a part-time student. I also have a daughter who was born April 2018 and I supported all throughout 2019. Can she still claim me as a dependent? Or can I file my own taxes independently and claim my daughter as a dependent (me and her father have agreement as to who gets to claim her because he didn't work).

[Anonymous]

you mother can can claim you if these 5 test are met for qualifying child
1) related to you -  YES

2) you're under 19 at end of year and younger than mother - YES 
3) child must have the same principal residence as taxpayer for more than  - YES
4) she provided over 1/2 your support - NO - YOU SAY YOU DID 
5) didn't file a joint return, exception if filed joint return to get taxes paid in when there was no tax liability

- you didn't say if you are married to the father and if so did you or will you file a joint return 

anyway because you say you provided over 1/2 your support, you do not meet the definition as a qualifying child so your mother can't claim you as such but there is a second possibility you could be a qualifying relative so let's check the tests for that

1) member of household - lived in her household all year except for temporary absences or be related - YES

2) gross income under $4,150 for 2018 - my guess if you worked and are filing a return you earned over this amount so  NO
3) mother provided over 1/2 your support - again you say you did so answer is NO.

all tests are not met so you are not her qualifying relative

thus your mother is not supposed to claim you as a dependent because you are neither a qualify child nor qualifying relative (based on you claiming you provided over 1/2 your support) .   if your mother filed and claimed you , you will not be able to e file.      if she did filed and claimed you she needs to amend either now or later. if not now, each of you get a 1st notice from the IRS asking  to amend by not claiming you as dependent.  if nether responds, the IRS sends a second notice asking for proof.   the one who submits the best proof wins the other gets a bill. 

under the tax laws, the custodial parent gets to claim the child.   this parent can allow the noncustodial to claim by giving that person a signed and completed form 8332  which they must submit with their return.  without this form the IRS won't allow the non-custodial parent to claim the child - court order or personal agreement not withstanding.  

you may want to use the following worksheet from the iRS to see if in fact you supported yourself.

https://apps.irs.gov/app/vita/content/globalmedia/teacher/worksheet_for_determining_support_4012.pdf

the same worksheet is in IRS publication 501 page 15

if the IRS asks and should you fail to prove you provided over 1/2 your support,    you could face a sizable tax bill.  if you are unsure of as to whether or not you meet the support test, seek out a professional to discuss your situation. l.   

[xmasbaby0]

You will be 18 by the end of 2019?  And you lived with your mother for over half the year?  It is possible that your mom could claim both you and your child as her dependents.   You need to use the "support" test to see how much of your own support you really provided for yourself and the child.  "Contributed to bills" may not be as much as you think it was.  You can be a qualifying child until you are 19 years old--the age of eighteen is not the magic number.

WHO CAN I CLAIM AS A DEPENDENT?

You can claim a child, relative, friend, fiance (etc.) as a dependent on your 2018 taxes as long as they meet the following requirements:

Qualifying child

• They are related to you.

• They aren't claimed as a dependent by someone else.

• They are a U.S. citizen, resident alien, national, or a Canadian or Mexican resident.

• They aren’t filing a joint return with their spouse.

• They are under the age of 19 (or 24 for full-time students).

◦ No age limit for permanently and totally disabled children.

• They live with you for more than half the year (exceptions apply).

Qualifying relative

• They don't have to be related to you (despite the name).

• They aren't claimed as a dependent by someone else.

• They are a U.S. citizen, resident alien, national, or a Canadian or Mexican resident.

• They aren’t filing a joint return with their spouse.

• They lived with you the entire year.

• They made less than $4,150 in 2018

• You provided more than half of their financial support. More info

When you add someone as a dependent, we'll ask a series of questions to make sure you can claim them.

Related Information:

• Does a dependent have to live with me?

• What does "financially support another person" mean?

• Can I claim a newborn baby?