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Can you help determine whether I can claim my Sister as a dependant?

She has already filed, but didn't indicated that she is being claimed. Wondering if she will have to amend her return, and whether this might have a negative effect on her return amount.

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1 Best answer

Accepted Solutions
Hal_Al
Level 15

Can you help determine whether I can claim my Sister as a dependant?

Taxes are complicated. As SweetieJean already indicated, there is a rule that says IF somebody else CAN claim her as a dependent, she is not allowed to claim her own exemption. If she has sufficient income (usually more than $6300), she can & should still file taxes; she just doesn’t get her own $4050 exemption (deduction).  

Even if she had less, she is allowed to file if she needs to get back income tax withholding.She cannot get back social security or Medicare tax withholding. If she had enough income, to be negatively impacted by not claiming her own exemption, there's a chance she doesn't qualify as your dependent.

If she has filed a return, claiming herself, she will need to file an amended return, unclaiming herself, so that you can claim her. You do not need to wait until her amended return is fully processed, to claim her on your return. But, you cannot e-file. You will have to mail in a paper return.

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 residence test. Only a QC qualifies a taxpayer for the Earned Income Credit and the Child Tax Credit. They are interrelated but the rules are different for each.

.A child closely related to a taxpayer can be a “Qualifying Child (QC)” dependent, regardless of the child's income, if:

1.                He/she 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

2.                He did not provide more than 1/2 his own support (scholarships are considered third party support and not support provided by the student/child)

3.                He lived with the relative (including temporary absences, such as being away at college) for more than half the year

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

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 (this essentially means that you have the parent’s permission to claim the child, if the child also lived with the parent more than half the year)

6.                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 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

Reference: https://turbotax.intuit.com/tax-tools/tax-tips/Family/Rules-for-Claiming-a-Dependent-on-Your-Tax-Ret...

View solution in original post

3 Replies
Hal_Al
Level 15

Can you help determine whether I can claim my Sister as a dependant?

Taxes are complicated. As SweetieJean already indicated, there is a rule that says IF somebody else CAN claim her as a dependent, she is not allowed to claim her own exemption. If she has sufficient income (usually more than $6300), she can & should still file taxes; she just doesn’t get her own $4050 exemption (deduction).  

Even if she had less, she is allowed to file if she needs to get back income tax withholding.She cannot get back social security or Medicare tax withholding. If she had enough income, to be negatively impacted by not claiming her own exemption, there's a chance she doesn't qualify as your dependent.

If she has filed a return, claiming herself, she will need to file an amended return, unclaiming herself, so that you can claim her. You do not need to wait until her amended return is fully processed, to claim her on your return. But, you cannot e-file. You will have to mail in a paper return.

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 residence test. Only a QC qualifies a taxpayer for the Earned Income Credit and the Child Tax Credit. They are interrelated but the rules are different for each.

.A child closely related to a taxpayer can be a “Qualifying Child (QC)” dependent, regardless of the child's income, if:

1.                He/she 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

2.                He did not provide more than 1/2 his own support (scholarships are considered third party support and not support provided by the student/child)

3.                He lived with the relative (including temporary absences, such as being away at college) for more than half the year

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

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 (this essentially means that you have the parent’s permission to claim the child, if the child also lived with the parent more than half the year)

6.                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 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

Reference: https://turbotax.intuit.com/tax-tools/tax-tips/Family/Rules-for-Claiming-a-Dependent-on-Your-Tax-Ret...

Can you help determine whether I can claim my Sister as a dependant?

If she can be a dependent (even if you do not claim her) , she will have to amend, and will lose her $4050 personal deduction. 

https://www.irs.gov/help/ita/who-can-i-claim-as-a-dependent

Hal_Al
Level 15

Can you help determine whether I can claim my Sister as a dependant?

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