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Rooster5
New Member

Child tax question

Hello, my son, 21, a college student, made about $15,000 working last year, but no tax was withheld.  He and us did pay over $5,000 for tuition. We could claim him as a dependent as we paid more than 1/2 his expenses last year. He is filing his own taxes this year. He wants to know if it is better for him for us not to claim him as a dependent? Or would we have more benefit to claim him as our dependent.  I'm sure he will owe taxes as there was no withholding on his pay during 2023.  Thank you.

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7 Replies

Child tax question

IF he "Can" be claimed by you, he has no choice but to indicate he can be claimed as a dependent.

 

College students (under age 24) can only very rarely indicate that they are not dependents. 

 

(Sometimes young movie stars are not considered dependents .....there have been a few going to college and still working.   Not sure where the newest NIL college athletes sit in that situation)

 

____________*Answers are correct to the best of my knowledge when posted, but should not be considered to be legal or official tax advice.*
Hal_Al
Level 15

Child tax question

You should continue to claim him as a dependent.

 

With the tax law change, effective 2018, most students will get the same refund (or pay the same amount of tax) whether they claim themselves or not. The personal exemption has been eliminated and the standard deduction increased.  At $15K wage  income, he's looking at about $115 in income tax.

 

You will get the $500 ODC (other dependent credit) and most likely the tuition credit (if your income is below $180K).

As others have said, he is not, usually, eligible for a tuition credit on his own tax return. 

 

Read on for more details.

 

There are two types of dependents, "Qualifying Children"(QC) and Other ("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, student status, a relationship test and residence test. The support test is different for each type. The support test, for a QC, is only that the child didn't provide more than half his own support. The support test for a Qualifying Relative is that the taxpayer provided more than half the relative's support.

A child of a taxpayer can still be a “Qualifying Child” (QC) dependent, regardless of his/her income, if:

  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 his own support. Scholarships are excluded from the support calculation
  3. He lived with the parent (including temporary absences such as away at school) for more than half the year

 

So, it doesn't matter how much he earned. What matters is how much he spent on support. Money he put into savings does not count as support he spent on himself.

The support value of the home, provided by the parent, is the fair market rental value of the home plus utilities & other expenses divided by the number of occupants.

The IRS has a worksheet that can be used to help with the support calculation. See: http://apps.irs.gov/app/vita/content/globalmedia/teacher/worksheet_for_determining_support_4012.pdf

 

 

Furthermore, there is a rule that says IF somebody else CAN claim him as a dependent, he is not allowed to claim himself. If he has sufficient income (usually more than $13,850), he can & should still file taxes. In TurboTax, he indicates that somebody else can claim him as a dependent, at the personal information section.  TT will check that box on form 1040.

Even if he had less, he is allowed to file if he needs to get back income tax withholding. He cannot get back social security or Medicare tax withholding.

 

 

 

 

Child tax question

The information we are still lacking is whether your son has a W-2 with no tax withheld or if he worked as an independent contractor.   You only say he had "no tax withheld."   If he has a 1099NEC or if he was paid in cash or by some other means with no Social Security, Medicare or federal and state tax withheld, then he has self-employment income and must pay self-employment tax for Social Security and Medicare and perhaps a small amount of federal and/or state income tax.

 

Please provide more details about his income and what sort of document he received (if any).

**Disclaimer: Every effort has been made to offer the most correct information possible. The poster disclaims any legal responsibility for the accuracy of the information that is contained in this post.**
Rooster5
New Member

Child tax question

Hello, my son received a form 1099-NEC for the amount of a little less than $10,000.  Nothing was deducted. I was off on my original income estimate.  Thank you.

Rooster5
New Member

Child tax question

Thank you!

Child tax question

@Rooster5 Your son has self-employment income for which he will need to pay self-employment tax for Social Security and Medicare.   He needs to use online Premium or any version of the CD/download software in order to prepare a Schedule C for his business expenses.

https://ttlc.intuit.com/community/self-employed/help/how-do-i-report-income-from-self-employment/00/...

 

https://ttlc.intuit.com/community/self-employed/help/what-is-the-self-employment-tax/00/25922

 

https://ttlc.intuit.com/questions/2902389-why-am-i-paying-self-employment-tax

https://ttlc.intuit.com/questions/1901340-where-do-i-enter-schedule-c

 

 

https://ttlc.intuit.com/questions/3398950-what-self-employed-expenses-can-i-deduct

 

 

https://blog.turbotax.intuit.com/self-employed/self-employed-tax-deductions-

calculator-2021-2022-50907/

 

https://ttlc.intuit.com/questions/1901110-do-i-need-to-make-estimated-tax-payments-to-the-irs

 

 

Or—-Use this IRS site for other ways to file for free.  There are 8  free software versions available from the IRS Free File site

 

https://apps.irs.gov/app/freeFile/

 

**Disclaimer: Every effort has been made to offer the most correct information possible. The poster disclaims any legal responsibility for the accuracy of the information that is contained in this post.**
Rooster5
New Member

Child tax question

Ok, thank you.

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