My 29 yr old son lived with me from 2008 till his death in November 2012. He was disabled for a few years and had no income. Can I still claim him as a dependent

[DoninGA]

Your post states that he passed away in 2012.  Is that the correct year?  If that is the correct year of passing then you cannot claim him as a dependent on a 2016 tax return.

[jchristides]

I am sorry I didn't word that correctly. I meant can I claim him for 2011 and 2012 when he lived with me? Unfortunately I became disabled and missed filing those 2 yrs. Thanj you

[DoninGA · Accepted solution]

Unfortunately, claiming him as a dependent on the 2011 or 2012 tax returns will not allow you to get any tax refund based on him being a dependent.  The time to file a 2012 tax return for a refund has expired.  You must file a tax return for a tax refund within three years from the due date of the original tax return.  For tax year 2012 you needed to file the tax return on or before April 15, 2016.

[jchristides]

Thank you so much. I am aware of the 3yr deadline. However I have fell behind filing on the past and I was told if I owe I still have to pay, But if I am owed a refund the IRS doesn't have to give it to me. Thank God they did and I had a accountant and some how he missed one from 7yrs back in 2007. So I was filing for 2001 and they did refund me. I still have to file even though I don't owe and maybe I will have a little luck. Thank you again