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Parents kicked us out. We are 23. I work a full time job and my sister just a full time student. Can my parents claim her As dependent if they do not have the 1098?

 
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Parents kicked us out. We are 23. I work a full time job and my sister just a full time student. Can my parents claim her As dependent if they do not have the 1098?

The 1098-T would have no bearing on whether they can claim her as a dependent or not. If she meets the following tests, they can claim her as a dependent:

1. The child must be your son, daughter, stepchild, foster chld, brother, sister, half brother, half sister, stepbrother, stepsister, or a descendant of any of them.

2. The child must be (a) under age 19 at the end of the year, (b) under age 24 at the end of the year and a full-time student, or (c) any age and permanently and totally disabled.

3. The child must have lived with you for more than half of the year. Temporary absences while away at college are considered living with you.

4. The child must not have provided more than half of his or her own support for the year.

5. If the child meets the rules to be a qualifying child of more than one person, you must be the person entitled to claim the child as a qualifying child. 

6. The child must be a U.S. citizen or U.S., Canada or Mexico resident for some portion of the year.

7. The child must be younger than you (or your spouse, if filing jointly) unless disabled.

If they claim her as a dependent, then they are the only ones who can claim qualified education expenses paid out of pocket or with loans for education tax benefits. If they cannot claim her, she can claim those on her tax return although the amount she can get would be limited since she is under age 24.

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Parents kicked us out. We are 23. I work a full time job and my sister just a full time student. Can my parents claim her As dependent if they do not have the 1098?

The 1098-T would have no bearing on whether they can claim her as a dependent or not. If she meets the following tests, they can claim her as a dependent:

1. The child must be your son, daughter, stepchild, foster chld, brother, sister, half brother, half sister, stepbrother, stepsister, or a descendant of any of them.

2. The child must be (a) under age 19 at the end of the year, (b) under age 24 at the end of the year and a full-time student, or (c) any age and permanently and totally disabled.

3. The child must have lived with you for more than half of the year. Temporary absences while away at college are considered living with you.

4. The child must not have provided more than half of his or her own support for the year.

5. If the child meets the rules to be a qualifying child of more than one person, you must be the person entitled to claim the child as a qualifying child. 

6. The child must be a U.S. citizen or U.S., Canada or Mexico resident for some portion of the year.

7. The child must be younger than you (or your spouse, if filing jointly) unless disabled.

If they claim her as a dependent, then they are the only ones who can claim qualified education expenses paid out of pocket or with loans for education tax benefits. If they cannot claim her, she can claim those on her tax return although the amount she can get would be limited since she is under age 24.

Parents kicked us out. We are 23. I work a full time job and my sister just a full time student. Can my parents claim her As dependent if they do not have the 1098?

They don't pay any of our expenses or college expenses. So can I claim her since they kicked us out in November and we no longer live there and they have never supported us financially when we was above the age 18.

Parents kicked us out. We are 23. I work a full time job and my sister just a full time student. Can my parents claim her As dependent if they do not have the 1098?

For a qualifying child dependent, the only support test is whether the child provided more than half of their own support or not. I assume while she was living at home that they provided a place for her to sleep, utilities and maybe food. Those are all part of the support calculation. If she meets the tests for either you or your parents to claim her and both of you try to claim her, the parents are the ones who are allowed to claim her.

You can calculate whether she provided more than half her own support using the worksheet on p. 16 of IRS Pub. 501: <a rel="nofollow" target="_blank" href="http://www.irs.gov/pub/irs-pdf/p501.pdf">http://www.irs.gov/pub/irs-pdf/p501.pdf</a>

If she did provide more than half her own support, then neither you or your parents can claim her as a qualifying child dependent.
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