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Can my parents claim me and my children on their taxes?

I am a 24 year old full time college student with two children ages 3 and 1. Me and my children have lived with them for over a year. So can they claim us.

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1 Best answer

Accepted Solutions
Hal_Al
Level 15

Can my parents claim me and my children on their taxes?

Your parents can claim your children, if you are not claiming them. They can claim you, only if your taxable  income for 2014 was less than $3950. See full rules below.

There are two types of dependents, "Qualifying Children"(QC) and other ("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. Only a QC qualifies you for the Earned Income Credit. 

A child closely related to a taxpayer can  be a Qualifying Child  dependent, regardless of the child's income, if:

1.                   He is under age 19, or under 24 if a full time student for at least 5 months of the year, or  is totally & permanently disabled. Note that because your are 24, you cannot be their QC

2.                   He did not provide more than 1/2 his own support

3.                   He lived with the relative (or was away at school) for more than half the year

4.                   He is younger than the relative (not applicable for a disabled child)

5.                   If the parents of a child can claim the child as a qualifying child but no parent so claims the child, no one else can claim the child as a qualifying child unless that person's adjusted gross income (AGI) is higher than the highest AGI of any of the child's parents who can claim the child. 

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

1. Closely Related OR live with you ALL year

2. His/her gross taxable income for the year must be less than $3,950 (2014)

3. You 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

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1 Reply
Hal_Al
Level 15

Can my parents claim me and my children on their taxes?

Your parents can claim your children, if you are not claiming them. They can claim you, only if your taxable  income for 2014 was less than $3950. See full rules below.

There are two types of dependents, "Qualifying Children"(QC) and other ("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. Only a QC qualifies you for the Earned Income Credit. 

A child closely related to a taxpayer can  be a Qualifying Child  dependent, regardless of the child's income, if:

1.                   He is under age 19, or under 24 if a full time student for at least 5 months of the year, or  is totally & permanently disabled. Note that because your are 24, you cannot be their QC

2.                   He did not provide more than 1/2 his own support

3.                   He lived with the relative (or was away at school) for more than half the year

4.                   He is younger than the relative (not applicable for a disabled child)

5.                   If the parents of a child can claim the child as a qualifying child but no parent so claims the child, no one else can claim the child as a qualifying child unless that person's adjusted gross income (AGI) is higher than the highest AGI of any of the child's parents who can claim the child. 

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

1. Closely Related OR live with you ALL year

2. His/her gross taxable income for the year must be less than $3,950 (2014)

3. You 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

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