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I'm wondering, if i can claim my son, he's been living with me. and he hasn't had a job. I've been trying to take care of everything he's been here almost a year.

 
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2 Replies
Hal_Al
Level 15

I'm wondering, if i can claim my son, he's been living with me. and he hasn't had a job. I've been trying to take care of everything he's been here almost a year.

There are two types of dependents, "Qualifying Children"(QC) and Other ("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, student status, a relationship test and residence test.

A child of a taxpayer can still be a “Qualifying Child” (QC) dependent, regardless of his/her income, if:

  1. He 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 excluded from the support calculation
  3. He lived with the parent (including temporary absences such as away at school) for more than half the year

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 $4700 (2023) ($5050 for 2024).
  3. The taxpayer must have provided more than 1/2 his support

In either case:

  1. He must be a US citizen or resident of the US, Canada or Mexico
  2. He must not file a joint return with his spouse or be claiming a dependent of his own
  3. He must not be the qualifying child of another taxpayer

The support value of the home, provided by the parent, is the fair market rental value of the home plus utilities & other expenses divided by the number of occupants.

The IRS has a worksheet that can be used to help with the support calculation. See: http://apps.irs.gov/app/vita/content/globalmedia/teacher/worksheet_for_determining_support_4012.pdf

 

See full dependent rules at: https://turbotax.intuit.com/tax-tools/tax-tips/Family/Rules-for-Claiming-a-Dependent-on-Your-Tax-Ret...

Note that the support test is different for each type. The support test, for a QC, is only that the child didn't provide more than half his own support. The support test for a Qualifying Relative is that the taxpayer provided more than half the relative's support.

MinhT1
Employee Tax Expert

I'm wondering, if i can claim my son, he's been living with me. and he hasn't had a job. I've been trying to take care of everything he's been here almost a year.

It depends on his age at the end of 2024, whether he is a full-time student and his gross income in 2024.

 

You can claim him as a dependent if he didn't provide more than half of his own support for the year and he was under 19 at the end of 2024 (or under 24 and a full-time student).

 

If he was 19 or older (or 24 or older and a full-time student), you can't claim him as a dependent if he earned more than $5,050 in 2024. If he earned less than $5,050 and you have provided more than half of his support, you can claim him as a qualified relative.

 

Please read this TurboTax article on Who Can I Claim as a Tax dependent?

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