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New Member
posted Jun 1, 2019 3:06:41 AM

How many dependents can i claim

I am wondering if there is a cap on dependants you can claim

0 17 2879
17 Replies
Level 15
Jun 1, 2019 3:06:43 AM

Do you mean on your tax return or do you mean on your W-4 for your employer?  Why are you asking?

Level 15
Jun 1, 2019 3:06:44 AM
New Member
Jun 1, 2019 3:06:45 AM

On the tax return

Level 15
Jun 1, 2019 3:06:46 AM

You can claim whoever meets the legal definition of your tax dependent.  Is someone else trying to claim them instead?

New Member
Jun 1, 2019 3:06:46 AM

No I was wondering because we have 5 kids between us now

Level 15
Jun 1, 2019 3:06:48 AM

For EIC purposes, there is a cap of 3 dependents.

Level 15
Jun 1, 2019 3:06:50 AM

But there is no cap for claiming dependency exemptions.

New Member
Jun 1, 2019 3:06:52 AM

Okay thank you guys. Also I was told expenses that qualify can be claimed like food, diapers, clothes, etc is that really a thing?

Level 15
Jun 1, 2019 3:06:53 AM

@mamabear2810 Do they all live with you, and are you filing a Joint return?

Alumni
Jun 1, 2019 3:06:55 AM

You can not claim personal expenses like food, diapers, clothes, etc. Not at all.

New Member
Jun 1, 2019 3:06:57 AM

Thats what i thought. And we do all live together but are not married and only 1 of the 5 kids we had together

Level 15
Jun 1, 2019 3:06:58 AM

comment deleted

Level 15
Jun 1, 2019 3:06:59 AM

Have you all lived together all year?

New Member
Jun 1, 2019 3:07:01 AM

Yes

Level 15
Jun 1, 2019 3:07:03 AM

Well, normally each Bio parent claims his/her own children, and then the two of you decide who claims the one you have in common.  However, you both cannot claim all 5.  And one of you may be able to file as Head of Household while the other files as Single.  If you get married by Dec 31, you can file Joint for 2017.

New Member
Jun 1, 2019 3:07:05 AM

Thank you very much

Level 15
Jun 1, 2019 3:07:06 AM

You can claim any dependents who legally qualify to be dependents.  The rules are here. https://www.irs.gov/uac/about-publication-501

You don't get tax deductions for care expenses. You may be eligible for a credit if you pay for dependent care (day care) so that you and your spouse if married can go to work.

The costs you pay for a child rarely are involved in determining whether that child is your dependent.

There are two kinds of dependent, qualifying child and qualifying relative.

A qualifying child dependent is someone who is

1. your child, stepchild, grandchild, or a child of your brother or sister (niece or nephew), and

2, is under age 19, or under age 24 and also a full time student, and

3. lives with you more than half the year, and

4. does not earn more than half their own support. 

How much you pay for their support doesn't really matter as long as they don't provide more than half on their own. (This is rare, of course, think child actors etc.)

If a child is not a qualifying child dependent they might be a qualifying relative dependent.  That means,

1. not a qualifying child dependent of any other taxpayer, and

2. you provide more than half their support, and

3. does not have more than $4050 of taxable income of their own, and

4. lives with you the entire year, or is your biological child, grandchild, or parent.

Only in this case is it necessary to add up the dependent's total support costs and figure out if you pay more or less than half.

Certain complicating factors arise if there is shared custody between unmarried parents who live together, or with parents (never married, divorced or separated) who live apart.

Turbotax has a very good interview that will help you in this regard.