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I have a nephew that just turned 20. He went to prison in september. He has been living with me for 3 years. Can i is a dependent on my tax return?

He stayed with me up until he went to jail
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I have a nephew that just turned 20. He went to prison in september. He has been living with me for 3 years. Can i is a dependent on my tax return?

Since the state was paying for his support from Sept-Dec you need to use the worksheet to determining if you paid more than half if his total support for the year.  If you did, then you can probably claim him.

---Tests to be a Qualifying Relative (& Unrelated Persons)---
(Must meet ALL of these tests to be a dependent)

1. The person cannot be your qualifying child or the qualifying child of any other taxpayer.

2. The person either must be related to you, or must live with you all year (all 365 days - There are exceptions for temporary absences such as school, illness, business, vacation, military service) as a member of your household.

3. The person's gross income for the year must be less than $4,050 (tax-exempt income, such as certain social security benefits, is not included in gross income)

4. You must provide more than half of the person's total support** for the year.

5. The person is not filing a joint return.

In any case, the person must be a U.S. citizen, U.S. resident alien, U.S. national, or a resident of Canada or Mexico

The above is simplified; see IRS Publication 17, for full information.
https://www.irs.gov/publications/p17/ch03.html#en_US_2016_publink1000170933

** Worksheet for determining support
https://www.irs.gov/publications/p17/ch03.html#en_US_2016_publink1000171012

**Disclaimer: This post is for discussion purposes only and is NOT tax advice. The author takes no responsibility for the accuracy of any information in this post.**

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4 Replies

I have a nephew that just turned 20. He went to prison in september. He has been living with me for 3 years. Can i is a dependent on my tax return?

Was his gross income more than $4,050 in 2016?
Was he a full time student for 5 months during 2016?
**Disclaimer: This post is for discussion purposes only and is NOT tax advice. The author takes no responsibility for the accuracy of any information in this post.**

I have a nephew that just turned 20. He went to prison in september. He has been living with me for 3 years. Can i is a dependent on my tax return?

No and no

I have a nephew that just turned 20. He went to prison in september. He has been living with me for 3 years. Can i is a dependent on my tax return?

Okay Thanks. Looks like I qualify. He worked a little but not much at all

I have a nephew that just turned 20. He went to prison in september. He has been living with me for 3 years. Can i is a dependent on my tax return?

Since the state was paying for his support from Sept-Dec you need to use the worksheet to determining if you paid more than half if his total support for the year.  If you did, then you can probably claim him.

---Tests to be a Qualifying Relative (& Unrelated Persons)---
(Must meet ALL of these tests to be a dependent)

1. The person cannot be your qualifying child or the qualifying child of any other taxpayer.

2. The person either must be related to you, or must live with you all year (all 365 days - There are exceptions for temporary absences such as school, illness, business, vacation, military service) as a member of your household.

3. The person's gross income for the year must be less than $4,050 (tax-exempt income, such as certain social security benefits, is not included in gross income)

4. You must provide more than half of the person's total support** for the year.

5. The person is not filing a joint return.

In any case, the person must be a U.S. citizen, U.S. resident alien, U.S. national, or a resident of Canada or Mexico

The above is simplified; see IRS Publication 17, for full information.
https://www.irs.gov/publications/p17/ch03.html#en_US_2016_publink1000170933

** Worksheet for determining support
https://www.irs.gov/publications/p17/ch03.html#en_US_2016_publink1000171012

**Disclaimer: This post is for discussion purposes only and is NOT tax advice. The author takes no responsibility for the accuracy of any information in this post.**
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