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slack101
New Member

If my son who is over 18 lived with me all of 2016 worked part of 2016 can I claim him or does he need to file on his own?

 
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Accepted Solutions
TomD8
Level 15

If my son who is over 18 lived with me all of 2016 worked part of 2016 can I claim him or does he need to file on his own?

You can still claim him if he meets the criteria.  The fact that he had income on his own does not by itself disqualify him from being claimed as a dependent.

You never claim your dependent's earned income on your return.  Your dependent must file his/her own return, if their income exceeds the filing threshold amounts.

Someone being claimed as a dependent must file his or her own federal tax return if they had earned (W-2) income over $12,000; or self-employed (1099-MISC) net income over $400; or unearned income (interest, dividends, capital gains) over $1,050.  (2018 numbers) (State filing thresholds may be different.)

Even if their income is below these thresholds, they'd still have to file a return in order to get a refund of any withheld taxes.

IMPORTANT:  If your dependent does file a tax return, be sure they indicate on it that someone else can claim them as a dependent.

**Answers are correct to the best of my ability but do not constitute tax or legal advice.

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1 Reply
TomD8
Level 15

If my son who is over 18 lived with me all of 2016 worked part of 2016 can I claim him or does he need to file on his own?

You can still claim him if he meets the criteria.  The fact that he had income on his own does not by itself disqualify him from being claimed as a dependent.

You never claim your dependent's earned income on your return.  Your dependent must file his/her own return, if their income exceeds the filing threshold amounts.

Someone being claimed as a dependent must file his or her own federal tax return if they had earned (W-2) income over $12,000; or self-employed (1099-MISC) net income over $400; or unearned income (interest, dividends, capital gains) over $1,050.  (2018 numbers) (State filing thresholds may be different.)

Even if their income is below these thresholds, they'd still have to file a return in order to get a refund of any withheld taxes.

IMPORTANT:  If your dependent does file a tax return, be sure they indicate on it that someone else can claim them as a dependent.

**Answers are correct to the best of my ability but do not constitute tax or legal advice.
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