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ericjon25
New Member

If I have my daughter for at least half the year can I file her on my taxes.

 
2 Replies
Hal_Al
Level 15

If I have my daughter for at least half the year can I file her on my taxes.

Yes, assuming the other parent didn't have her for more time than you did.  For example you lived together Jan-Jul and split up in Jul.  The child continued to live with the other parent.  You both lived with the child more than half the year.  So, the parent the child lived with the most has first claim.

Mike9241
Level 15

If I have my daughter for at least half the year can I file her on my taxes.

there are other rules that also must be met for you to claim her

• if she is not a full-time student, she's under 19 at the end of the tax year. If a full-time student, she's under 24 at the end of the tax year.
• she hasn't provided over ½ her own support
• she didn't file a joint return unless there was no tax liability but merely filing jointly to facilitate refund of taxes withheld or estimates paid

if any of these tests are not met then the rules for qualifying relative would apply

 

the IRS looks to nights spent. in 2020 it's possible for a child to live with each parent for 183 nights.

if that's true the next rule states that the parent with the highest adjusted gross income gets to claim her 

 

you can claim her as a qualifying relative if all these tests are met
• her gross income for 2020 is less than $4,300
• you provided over ½ her support

 

 

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