son has tax excempt income of $4700

[stech]

I filed MFS..my son is 18yrs, college student, lives with me. He works at same college and got $4700 w2 income. no tax as he is tax exempt. can I claim him as dependent. Do i get EIC and child credit. my own income is $34K

[Bsch4477]

• Special rules for separated couples: You can qualify for the EITC if you’re separated but still married. To do so, you can’t file a joint tax return and your child must live with you for more than half the year. You also must not have lived with your spouse during the last six months, or you must have a separation agreement or decree.

  If you are living apart and the child lives with you filing as Head of Household would be a better choice if otherwise qualified.

[stech]

We are married and live together with spouse

what about to claim child as dependent 

[VolvoGirl]

If you are married and living together (even if not  living together) may I ask why you are not filing a Joint return?  It is usually better to file Joint. Joint has the lowest tax rates and the highest Standard Deduction. You can lose several credits filing MFS.  And if you are in a Community Property state MFS gets tricky to figure out. 

Yes you can claim him, it doesn't matter how much he makes if he is under 19 or  under 24 and full time student.  Be sure on his return he checks the box that says someone else can claim you.  Who can you claim
https://ttlc.intuit.com/community/credits-and-deductions/help/who-can-i-claim-as-my-dependent/01/267...

And why is  he tax exempt?  Most people aren't.  Just because he has a low income does not make him tax exempt.    

[Bsch4477]

One of you can claim the child as a dependent. Filing separately is usually worse than filing jointly. You might want to try it both ways to see which is better. 

[stech]

@Bsch4477  filing MFS is for personal reasons. we live together. 

@VolvoGirl  I never said, my son is tax exempt because he has low income. He is tax exempt because he works for university.

No one can claim my son. so I don't need to check that box as you mentioned. my husband has high tax balance due so I file separate to get refund, otherwise IRS will eat up my refund to pay his balance

my only question was my son who has more then $4700 w2 income, does he needs to file his return separate due to fact he has income higher than $4200? (limit for 2023 for children)

[VolvoGirl · Accepted solution]

If he gets a W2 he doesn't have to file a return if it is less than the Standard Deduction 13,850, not because of the 4,700 or 4,200 limit.  

If their only income is W2 and under 13,850 they do not have to file a return except to get back any withholding taken out.  If he got a 1099Misc or 1099NEC you have to file it as self employment income no matter how small the amount.

If he does file his own return then HE has to check the box on his return that says someone else can claim him.  

Filing requirements for a dependent

https://ttlc.intuit.com/community/children-dependents/help/do-i-need-to-file-my-own-taxes-if-i-m-a-d...