My 29-year-old son left his job to pursue a full-time graduate degree. He stays on the college campus. I provide for more than half of his living costs. He did earn about $35,000 in 2023 at an internship during the summer but his living expenses plus tuition amount to $72000. Can I claim him as a dependent on my 2023 tax returns?
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Since he is older than 23, even as a full time student, you can not claim him as a dependent under the Qualifying Child rules where his income is not a factor. You can only claim him under the Qualifying Relative rules where his income is a factor. Since his gross income was $4,700 or more you cannot claim him as a dependent.
To be a Qualifying Relative -
1. The person cannot be your qualifying child or the qualifying child of any other taxpayer. A child is not the qualifying child of any other taxpayer if the child's parent (or any other person for whom the child is defined as a qualifying child) is not required to file an income tax return or files an income tax return only to get a refund on income tax withheld.
2. The person either (a) must be related to you or (b) must live with you all year as a member of your household.
3. The person's gross income for the year must be less than $4,700 (social security does not count) in 2023
4. You must provide more than half of the person's total support for the year.
5. The person must be a U.S. citizen or a U.S., Canada, or Mexico resident for some part of the year.
6. The person must not file a joint return with their spouse.
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