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selu25
New Member

Can my parents claim me as a dependent?

I am 23 years old, a full time student and getting married feb. 2017.  I would have made a little over 6,000 dollars, and will be filing joint taxes with my partner. Can my parents still  claim me as a dependent?
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Accepted Solutions

Can my parents claim me as a dependent?

Your parents may be able to claim you as a qualifying child dependent, which is one of two types of dependents, on their 2016 tax return. Your marriage in 2017 has no affect on your 2016 tax return. If you meet the tests to be claimed by your parents, you can't claim yourself. Here are the tests from their perspective:

1. The child must be your son, daughter, stepchild, foster chld, 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 (or your spouse, if filing jointly) unless disabled.

If your income is less than $6300 and you are paid on a W-2, you would not be required to file a tax return. However, you should file a tax return to get a refund of any federal income tax withheld. If your parents can claim you, you must indicate on your tax return that you can be claimed by someone else. 

If you are asking about tax year 2017, you would then be 24 and you would have to be a qualifying relative dependent with your income limited to around $4050 and some other requirements for your parents to be able to claim you. This is all based on current tax law which may very well change for tax year 2017. 

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3 Replies

Can my parents claim me as a dependent?

Your parents may be able to claim you as a qualifying child dependent, which is one of two types of dependents, on their 2016 tax return. Your marriage in 2017 has no affect on your 2016 tax return. If you meet the tests to be claimed by your parents, you can't claim yourself. Here are the tests from their perspective:

1. The child must be your son, daughter, stepchild, foster chld, 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 (or your spouse, if filing jointly) unless disabled.

If your income is less than $6300 and you are paid on a W-2, you would not be required to file a tax return. However, you should file a tax return to get a refund of any federal income tax withheld. If your parents can claim you, you must indicate on your tax return that you can be claimed by someone else. 

If you are asking about tax year 2017, you would then be 24 and you would have to be a qualifying relative dependent with your income limited to around $4050 and some other requirements for your parents to be able to claim you. This is all based on current tax law which may very well change for tax year 2017. 

Can my parents claim me as a dependent?

In summary:

2016 (filed early in 2017):  Yes, your parents can probably claim you.  You will file your tax return as "Single".
2017 (filed early in 2018):  No your parents can NOT claim you.  You will file your tax return as "Married Filing Jointly" or "Married Filing Separately" (Jointly is usually better).
bwa
Alumni
Alumni

Can my parents claim me as a dependent?

and will be filing joint taxes with my partner.

Just to fully clarify, you can't do that in 2016 if you are not married on December 31, 2016.


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