My daughter has her own dependent. I support her and him. However, she does work part-time for gas, etc. In addition, as a student, she needs to file her own individual returns with her son as a dependent. She is a student. Can I claim the EIC without claiming the dependent status for her? Is this the correct way to file?
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No. You cannot claim the EIC for your daughter and then her also claim it on her own return with her son. In order to claim the EIC for your daughter you would need to claim her as a dependent.
A dependent cannot claim to have a dependent of their own. Your daughter cannot get EIC if she can be claimed as someone else's dependent. Was she a full-time student in 2024? Or was she less than a half-time student? How old is she? You need to determine if she can be claimed as your qualifying child or qualifying relative. It is possible that you can also claim your grandchild as your own dependent.
If your daughter does not meet the criteria to be your qualifying child you cannot get EIC for claiming her.
If your daughter CAN be claimed as a dependent on someone else's tax return then she must say on her return that she can be claimed. It is possible that you will be able to claim both your daughter and her child as your dependents if you are supporting them.
Your daughter can file her own tax return to seek a refund of tax withheld as shown in box 2 or 17 of her W-2, but on her own return she needs to say she can be claimed as someone else's dependent.
If you choose to share any refundable child-related credit you receive like the EIC or additional child tax credit, that is up to you.
WHO CAN I CLAIM AS A DEPENDENT?
You can claim a child, relative, friend, or fiancé (etc.) as a dependent on your 2024 tax return as long as they meet the following requirements:
Qualifying child
Qualifying relative
When you add someone as a dependent, we'll ask a series of questions to make sure you can claim them. There may be other tax benefits you can get when you claim a dependent.
Related Information:
My daughter was and is a full-time student. She just turned 20. My daughter and my grandson both meet the criteria for me to claim them. However, she just got student loan and they told her she had to file her own return and it had to show her son on it? Is that correct for the financial aid.
@cherie08 We cannot tell you anything about student loan/financial aid requirements. We can tell you about the rules for tax returns. If your daughter is 20 years old and was a full-time student, she can be claimed as a dependent on a tax return by the person who provided over half of her support.
@cherie08 And one other point---you do not mention if you are a single parent----if your 20 year old is your only child, then if you do not claim a qualifying dependent, you will not be able to use Head of Household filing status, which means more of your own income is taxable.
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