I currently live with my mom and my daughter was born on 12/31/17 which i will me putting as my dependent. Should my mom still claim me as a dependent?

[Hal_Al · Accepted solution]

If your mom is claiming you as a dependent then you cannot claim a dependent of your own. 

A child can be the “qualifying child” dependent of any close relative in the household. So, if you live with your parent, it may be better if she claims your child. Essentially you are allowed a choice. It may be worthwhile to prepare returns both ways to see which way the family comes out best.

That said, There is a rule that says IF somebody else CAN claim you as a dependent, you are not allowed to claim your own exemption. If you have sufficient income (usually more than $6350), you can & should still file taxes; you just doesn’t get your own $4050 exemption (deduction). You also don't get to claim your child as a dependent. In TurboTax, you indicate that somebody else can claim you as a dependent, at the personal information section.  

So that brings up the quest of CAN you mom claim you. Based on the additional info you supplied; YES she can. So, no, it is not legally possible for her to leave you off her taxes! Technically, she can leave you off; but still cannot claim yourself or your child. The rule is if you CAN be claimed, not if you ARE claimed

[xmasbaby0]

I responded to your previous post in which you left out that very important detail.  If your mom is claiming you as a dependent then you cannot claim a dependent of your own.  Please provide some details here so we can actually give you a correct answer.  How old were you at the end of 2017?  Were you a full-time student in 2017?  How much was your 2017 income?  Where did you live in 2017? ("I currently live with my mom...")

[jayrod0824]

Thank you for responding! Is it possible for my mom to just leave me out of her taxes so i can claim my dependent? By the end of 2017 i was 18. I began studying at a university full time in August 2017. My 2017 income is between $8k-$9k. I lived in my moms house but since i started school, i’m currently residing on campus.

[MollsBBU]

This IRS tool "Whom May I Claim as a Dependent?" would be a great tool for your mother to determine if she can claim you as a dependent or not. As Hal_Al stated above, "The rule is if you CAN be claimed, not if you ARE claimed." So, if you qualify as your mother's dependent, it would probably be best to allow your mother to claim you and your child. 

This is assuming your child passes all other dependent requirements, which can also be verified by using the same linked IRS tool.

https://www.irs.gov/help/ita/whom-may-i-claim-as-a-dependent