Can I still claim my son as a dependent if he made 19,000$?

[rafael4cristo]

Hello, my son is 20 years old, a full time student, lives at my house, works part time but I still provide for more than half of his income. Can I claim him as a dependent and can he still do his own taxes?

Thank you I appreciate anyones time.

[WillK]

Yes, you can claim your dependent child on your return if you answer all to the following: 

Are they related to you? The child can be your son, daughter, stepchild, eligible foster child, brother, sister, half brother, half sister, stepbrother, stepsister, adopted child or an offspring of any of them. 

Do they meet the age requirement? They must be under the age of 19 or, if a full time-student, under the age of 24. There is no age limit if your child is permanently and totally disabled. 

Do they live with you? They must live with you for more than 1/2 of the year. 

Do you financially support them? Your child may have a job and earn income, but that job cannot provide for more than 1/2 of their support. You need to be providing for more than 1/2 of their support even while they are working.  

Are you the only person claiming them? If you and your spouse are divorced, you need to be the one claiming them for tax purposes.  

Turbotax will guide you through a series of questions under the Personal Information Tab.

[rafael4cristo]

Great!  According to the questions he qualifies and I will be claiming him. Just one more question can he do his own taxes as well? Thank you for your time! I greatly appreciate your help.

[WillK]

Yes he can file his own taxes, but he needs to mark that someone else can claim him as a dependent.

[rafael4cristo]

Perfect thank you!

[WillK]

Welcome

[Countrygirls]

So, I am wondering I have a 17yr old step-daughter that has worked this whole last year, that we pay CS on and per the divorce decree claim her. Does it depend on how much she made this year as to whether or not we should claim her?

[Hal_Al]

@Countrygirls - Her income is not relevant.

There are two types of dependents, "Qualifying Children"(QC) and standard ("Qualifying Relative" in IRS parlance even though they don't have to actually be related). There is no income limit for a QC but there is an age limit, a relationship test and residence test. Only a QC qualifies a taxpayer for the Earned Income Credit and the Child Tax Credit (if under 17).

You say you pay child support, which indicates she doesn't live with you. But, since the divorce decree allows you do claim her, you can still do so*. Her income does not change that.  But, this also assumes that she did not pay more than half her own support during the year. Money she puts into savings does not count as support.  Note that the requirement is not that you (and your spouse) provided more than half her support (as required for a standard dependent) but only that she did not provide her own support.

*The custodial parent has first priority on claiming the children on her taxes; regardless of the amount of support provided by the non-custodial parent. The IRS goes by physical custody, not legal custody. The non-custodial parent can only claim the child as a dependent if the custodial parent gives permission (on form 8332) or if it's spelled out in a pre 2009 divorce decree. (without conditions - usually the payment of child support). Even if a divorce decree, dated after 2008, gives the non-custodial parent the right to claim the child, he (they) must still get form 8332 from the custodial parent. A properly worded decree should require her to provide that form. https://www.irs.gov/pub/irs-pdf/f8332.pdf

[kristinaesperanza1]

The Turbo Tax app said my 19 year old was ineligible for me to claim since he made over $4400 in 2019. He still lives at home and I support him 100%. I don't understand why the app won't let me claim him.

[CatinaT1]

Is he a full-time student?

 You can claim him as your dependent as long as he meets the requirements below:

1. He is under age 19, or under 24 if a full time student for at least 5 months of the year, or is totally & permanently disabled
2. He did not provide more than 1/2 her own support,
3. He lived with you for more than half the year (or was away at school).

If he was not a full-time student, he would not qualify as a dependent if he earned more than $4,200 in the tax year.

[kristinaesperanza1]

Nope, not a student. Just a kid still living at home only working part-time so he can't afford to live on his own. That's frustrating that he cannot be claimed as my dependent. 

[monique45]

My son is 22, full time student, doesn't pay more than half his support , but made $17000 for 2019. My question is that he lives on campus, but his primary address is our home. Does this meet the requirement that he lives at home more than 1/2 the year.  

[MayaD]

Yes, if your son is away for school he is considered to have lived with you the whole year and he qualifies as a dependent if he meets the other requirements. 

Qualifying child requirements :

• Relationship: Must be your child, adopted child, foster child, brother or sister, or a descendant of one of these (grand or nephew).
• Residence: Must have the same residence for more than half the year.
• Age: Must be under age 19 or under 24 and a full-time student for at least 5 months. They can be any age if they are totally and permanently disabled.
• Support: Must not have provided more than half of their own support during the year.
• Joint Support: The child cannot file a joint return for the year.

[Paola Briceno]

My daughter make 13000 last year she is student but I only make 19000. She is still living with me. Can I claim her as a dependent?

[KrisD15]

Yes, if she did not supply half her own support. 

RELATIONSHIP: A qualifying child can be your son, daughter, stepchild, eligible foster child, brother, sister, half brother, half sister, stepbrother, stepsister, adopted child or an offspring of any of them.

AGE: The child must be younger than you (or your spouse if filing jointly), AND at the end of the tax year, your child must have been under age 19 (or under 24 if a full-time student). There is no age limit if your child is permanently and totally disabled.

RESIDENCY: Your child must live with you for more than half the year. There are exceptions, such as being away at school, serving in the military, hospitalization and nursing home situations.

SUPPORT: Your child may not have provided more than half of their own support. Scholarships and grants are not considered as support provided by the student.

JOINT RETURN: Your child cannot file on a "Married Filing Jointly” return. (The exception is if they only file to claim a refund)