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My 38-year-old retired Navy son lives with me and collects VA benefit payments. I support him. Can I file as head of household?

 
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My 38-year-old retired Navy son lives with me and collects VA benefit payments. I support him. Can I file as head of household?

If he is retired military then he is receiving a military pension, Form 1099-R, where the income from the pension would be greater than $5,050.  Since his income would be greater than $5,050 no one can claim him as a dependent.

 

To be a Qualifying Relative -

1. The person cannot be your qualifying child or the qualifying child of any other taxpayer. A child is not the qualifying child of any other taxpayer if the child's parent (or any other person for whom the child is defined as a qualifying child) is not required to file an income tax return or files an income tax return only to get a refund on income tax withheld.
2. The person either (a) must be related to you or (b) must live with you all year as a member of your household.
3. The person's gross income for the year must be less than $5,050 (social security does not count) in 2024
4. You must provide more than half of the person's total support for the year.
5. The person must be a U.S. citizen or a U.S., Canada, or Mexico resident for some part of the year.
6. The person must not file a joint return with their spouse with the following exception -
You can claim a person as a dependent who files a joint return if that person and that person’s spouse file the joint return only to claim a refund of income tax withheld or estimated tax paid.

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