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portalmenow
Returning Member

Qualification for "Other dependent" 1040 6C

My divorce agreement allows me to claim my daughter (age 19) as a dependent. She doesn't live with me.  Would she qualify under the "other dependents" column in line 6C?  I read this in a Turbo Tax posting and would like to know if the "exceptions" referenced in the post would allow me to get the other dependent credit.   

What is the $500 Credit for Other Dependents (“Family Tax Credit”)?
To be eligible for this new credit, the person(s) being claimed must fit the definition of a qualifying child or a qualifying relative, as defined here:
Qualifying child
They live with you for more than half the year (exceptions apply);
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4 Replies
Carl
Level 15

Qualification for "Other dependent" 1040 6C

Was she "under" the age of 19 on Dec 31 of the tax year?
Or was she a full time student for any one semester that started in the 2018 tax year?
If you answer no to both questions, and she earned more than $4,100 in 2018, then nobody can claim her as a dependent.
Also understand that your divorce agreement holds no weight with the IRS. The IRS has their own rules that can only be altered by a federal judge. Since federal judges don't deal with divorces of custody issues, that will never happen.
portalmenow
Returning Member

Qualification for "Other dependent" 1040 6C

She was a full time student in 2018 and she was 19 years old on Dec. 31.
So yes to both questions.  Does that mean I am entitled to the Credit for other dependents?

My accountant says that the divorce agreement is the governing document as far as our tax arrangements.  
Carl
Level 15

Qualification for "Other dependent" 1040 6C

Your accountant is wrong unfortunately. That's no surprise though, because I would not expect an accountant to have the same knowledge as a lawyer does. Let me explain by providing a scenario based on federal law.
In the case of divorced parents with a qualifying dependent (which you *do* have a qualifying dependent) for tax purposes only, the IRS defines the custodial parent and the non-custodial parent. When it comes to federal taxes, legal custody by a court is not tax custody.
Custodial Parent - The parent with whom the child lived for more than 182 nights of the tax year. The nights do not have to be consecutive. Temporary absences such as summer camp and college count as a night spent with the custodial parent. The custodial parent is also the parent that provided more than half of the child's support for the entire year.
Non-Custodial Parent - The parent who does not meet the requirements of the custodial parent.
In the case of a tie or a split, then the parent with the higher AGI is the custodial parent.
In a case where the non-custodial parent wants to claim the child and the custodial parent agrees, then the custodial parent must provide the non-custodial parent a signed IRS Form 8332 releasing their right to claim the child to the non-custodial parent.  Now here is where a local court below a federal judge can get involved.
A lesser court with the proper authority can order the custodial parent to provide a signed form 8332 to the non-custodial parent. If the custodial parent refuses then they can be found to be in contempt of court. But still, the non-custodial parent can not claim the child without a signed 8332. Under no circumstances will the IRS get involved in any such court proceedings or legal matters. Bottom line is, without a signed 8332, the non-custodial parent can not claim the child as a dependent. However, there is nothing to keep a lower court from holding the custodial parent in contempt of their order and holding that custodial parent accountable either monetarily, by incarcerating them until they comply, or both.
Therefore, if your student did not live in your household for more than 182 nights of the tax year and you did not provide more than half of her support for the entire year, you simply need a signed IRS Form 8332 from the custodial parent and you're good to go. Overall, I don't see a problem with that really. But that's just the legal aspects of it at the federal level *for* *tax* *purposes* *only* and nothing else.
Now my synopsis above is not all inclusive, but is tailored for your specific situation as I understand it. IRS Publication 504 at <a rel="nofollow" target="_blank" href="https://www.irs.gov/pub/irs-pdf/p504.pdf">https://www.irs.gov/pub/irs-pdf/p504.pdf</a> covers your situation and much more in finder detail.

"Does that mean I am entitled to the Credit for other dependents?"
Your biological daughter is not an "other dependent". If the requirements I've included in the answer box below are met, then simply put, she is your "qualifying child dependent".
Carl
Level 15

Qualification for "Other dependent" 1040 6C

College Education Expenses

Colleges work in academic years, while the IRS works in calendar years. So the reality is, it takes you 5 calendar years to get that 4 year degree. With that said:

 - Scholarships and grants are claimed/reported as taxable income (initially) in the year they are received. It does not matter what year that scholarship or grant is *for*

- Tuition and other qualified education expenses are reported/claimed in the tax year they are paid. It does not matter what year they pay *for*.

Understand that figuring out who claims the student as a dependent, and determining who claims the education expenses & credits, is two different determinations. It depends on the specific situation as outlined below. After you read it, I have also attached a chart at the bottom. You can click on the chart to enlarge it so you can read it. If it’s still to hard to read on your screen then right-click on the enlarged image and elect to save it to your computer. Then you can double-click the saved image file on your computer to open it, and it will be even easier to read.

Here’s the general rules gisted from IRS Publication 970 at http://www.irs.gov/pub/irs-pdf/p970.pdf Some words are in bold, italicized, or capitalized just for emphasis. This is because correct interpretation by the reader is everything. Take the below contents LITERALLY, and do not try to “read between the lines”. If you do, you’ll interpret it incorrectly and risk reporting things wrong on your taxes. For example, there is a vast difference between “can be claimed” and “must be claimed”.  The first one indicates a choice. The second one provides no choice.

Now there are two separate determinations to be made here.

  1. Who claims the student as a dependent.

  2. Who reports all the education expenses and claims all the education credits.

     

    First, who claims the student as a dependent?

    If the student:

    Is under the age of 24 on Dec 31 of the tax year and:

    Is enrolled in an undergraduate program at an accredited institution and:

    Is enrolled as a full time student for one academic semester that begins during the tax year, (each institution has their own definition of a full time student) and:

    the STUDENT did NOT provide more that 50% of the STUDENT’S support (schollarships/grants received by the student ***do not count*** as the student providing their own support)

    Then:

    The parents qualify to claim the student as a dependent on the parent's tax return . Period, End of Story. But one thing I want to point out here. The parents *QUALIFY* to claim the student. The parents are *NOT* required to claim the student as a dependent. But even if they don’t, since they *qualify* to claim the student, then if the student will be filing their own tax return the student is *REQUIRED* to select the option for “I can be claimed on someone else’s return”.  To reiterate:

    If the student qualifies to be claimed on the parent’s tax return, then the student can not take the self-exemption on their own tax return, no …matter…what.

     

    Who reports all the education expenses and claims all the credits?

    If (and only if) the parents qualify to claim the student as a dependent, *and* the parents actually are claiming the student as a dependent, then:

    The parents will claim all schollarships, grants, tuition payments, and the student's 1098-T on the parent's tax return and:

    The parents will claim all educational tax credits that qualify.

    If the student will be filing a tax return and:

    The parents qualify to claim the student as a dependent, then:

    The student must select the option for "I can be claimed on someone else's return", on the student's tax return. The student must select this option even f the parent's qualify to claim the student as a dependent, and the parents do not claim them.

     

    Here’s when the parents will claim the student as a dependent, but the parents will NOT claim any of the education expenses or report the 1098-T on the parent’s tax return.

     

    .If the amount of scholarships/grants/529 funds exceeds the amount of qualified education expenses,  then the student will report the education stuff on the student’s tax return. The parent will know this when reporting the education on their tax return, because the parent will not qualify for any of the tax credits. (They only qualify for tax credits based on out-of-pocket qualified expenses not covered by scholarships/grants.)  Also, the parent’s will not qualify for the credits depending on their MAGI which is different for each credit, and depends on the marital status of the parent or parents.

    In the case where scholarships/grants covers “all” qualified education expenses, the parent’s don’t need to report educational information on their dependent student at all – but they still claim the student as a dependent if they “qualify” to claim the student.

     If the scholarships/grants exceed the qualified education expenses, then the student will report the 1098-T and all other educational expenses and scholarships/grants on the student’s tax return. The student will pay taxes on the amount of scholarships/grants that are not used for qualified education expenses. However, if the student’s earned income reported on a W-2, when added to the excess scholarships/grants does NOT exceed $6350, then the student doesn’t even need to file a tax return, and nothing has to be reported.

    If the student has any other taxable income not reported on a W-2, and it exceeds $400, (not including taxable portion of scholarships/grants) then most likely it’s considered self-employment income. That will require a tax return to be filed and the student will have to pay the Self-Employment tax on that income.

    Finally, regardless of the student’s W-2 earnings, if any taxes were withheld on those earnings and it was less than $6350, then the student should file a tax return so as to get those withheld taxes refunded.

     

    1099-Q Funds

 First, scholarships & grants are applied to qualified education expenses. The only qualified expenses for scholarships and grants are tuition, books, and lab fees. that's it. If there is any excess, then it's taxable income. It automatically gets transferred to and included in the total on line 7 of the 1040.

Next, 529/Coverdell funds reported on 1099-Q are applied to qualified education expenses. The qualified expenses for 1099-Q funds are tuition, books, lab fees, AND room & board. That's it. If there are any excess 1099-Q funds they are taxable. The amount is included in the total on line 7..

Finally, out of pocket money is applied to qualified education expenses. The only qualified expenses for out of pocket money is tuition, books, and lab fees. Room & board is NOT a qualified expense for out of pocket money. As of this writing, (3/26/2019) congress as not renewed the out of pocket expense deduction, which expired in 2017.

When you have a 1099-Q it is extremely important that you work through the education section of the program in the order it is designed and intended to be used. If you do not, then there is a high probability that you will not be asked for room & board expenses, and you could therefore be TAXED on your 1099-Q funds.

Finally, if "all" qualified expenses are covered by scholarships, grants, 1099-Q funds and there is ANY of those funds left over, the left over excess is taxable. While the parent can still claim the student as a dependent, it is the student who will report all the education stuff on the student's tax return. That's because the STUDENT pays the taxes on any excess scholarships, grants and 1099-Q funds.


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