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posted Aug 20, 2023 7:43:30 PM

My parents live overseas and are not US citizens, am I still a dependent if I am a US citizen, am under 24 years old, and am a full-time student?

I currently study in the US, and my parents support me financially.

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3 Replies
Level 15
Aug 20, 2023 8:24:10 PM

If your parents are not required to complete a U.S. tax return you are not their dependent. 

Level 15
Aug 21, 2023 5:21:14 AM

@celi560661 what prompts the question?

 

if you are asking because of the American Opportunities Tax Credit (AOTC), you would not be eligible for the refundable portion of the credit which is worth up to $1000. 

Level 15
Aug 21, 2023 8:07:39 AM

There's a new urban myth among college students that says they can get a $1000 from the government just for filing a tax form. For most of them, they simply aren't eligible. A full time unmarried student, under age 24, even if you don't qualify as a dependent, is only eligible for the refundable portion of the American Opportunity Credit if he supports himself by working. You cannot be supporting yourself on parental support, 529 plans or student loans & grants.

 

Reference: Line 7 instructions for form 8863. https://www.irs.gov/instructions/i8863

 

Generally, a Nonresident Alien cannot claim an education tax credit unless: You are married and choose to file a joint return with a U.S. citizen or resident spouse, or. You are a Dual-Status Alien and choose to be treated as a U.S. resident for the entire year.