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Level 3
December 31, 2020
Question

disability and income

I have a 31 yr old who gets SSDI and I claim him as a dependent on my taxes.  He has worked a few jobs here and there this year not making much money.  Does he need to file his own income tax and do I still claim him?

5 replies

Level 15
December 31, 2020

If your son made over $4300 ---NOT counting the Social Security-- you cannot claim him.  So figure out how much he made.  If he made at least $4300 in 2020 then he can file and say no one can claim him.   He may get a tax refund for federal and state tax that was withheld and if he is not claimed as a dependent he is eligible for the stimulus money.

 

 

IRS interview to help determine who can be claimed:

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

**Disclaimer: Every effort has been made to offer the most correct information possible. The poster disclaims any legal responsibility for the accuracy of the information that is contained in this post.**
Level 3
December 31, 2020

Now I'm confused because I read something that said if they earned less than $12,400 they do not have to file a return but they can if they want to recover any withheld income tax and that I could still claim them.

I just want to do the right thing.

DoninGA
Level 15
Level 15
December 31, 2020

@patsfan761 wrote:

Now I'm confused because I read something that said if they earned less than $12,400 they do not have to file a return but they can if they want to recover any withheld income tax and that I could still claim them.

I just want to do the right thing.


Your question was about being a dependent, not whether he has to file a tax return.

If he is age 19 or older and not a full time student under the age of 24, then you would only be able to claim him as a dependent under the Qualifying Relative rules.  The income test under the rule is gross income less than $4,300.

 

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 $4,300 (social security does not count) in 2020
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.