Who Can I Claim As a Dependent?

The age-old question, “Who can I claim as my dependent?”, has remained a confusing topic for many taxpayers and an area where tax deductions are often missed or misstated on tax returns.

Diverse generations

Did you know, you may be able to claim your couch potato friend as a dependent?  Did you realize that support of your struggling aunt who didn’t live with you may qualify you for the dependency deduction?  Don’t feel bad, you would be surprised how many people don’t understand the dependency tax laws.

The bottom line is a dependent must be your “qualifying child” or “qualifying relative” and meet specific tests in order for you to claim them.

There are 5 test that will qualify a child as a dependent as follows:

  • 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.

There are 4 tests that will qualify a relative as a dependent as follows:

  • They are not the “qualifying child” of another taxpayer or your “qualifying child”.
  • Gross Income – Dependent earns less than $3,700 TY 2011 and $3,650 TY 2010.
  • Total Support – You provide more than half of the total support for the year.
  • Member of Household or Relationship – The person must live with you all year as a member of your household or be one of the relatives that doesn’t have to live with you see IRS Publication 501 for a list of qualifying relatives.

Many taxpayers are surprised to find they may be able to claim a boyfriend, girlfriend, domestic partner, or friend as a qualifying relative if:

  • They are a member of your household the entire year.
  • The relationship between you and the dependent does not violate the law (you can’t still be married to someone else.  Also check your individual state law.  Some states do not allow you to claim a boyfriend or girlfriend as a dependent even if your relationship doesn’t violate the law).
  • You meet all the other criteria for “qualifying relatives” (gross income and support).

Here are  some common questions from our users that we answered:

Question:  My 26 year old is living with me.  He works and has made more than $3,600.  Can I claim him as a dependent?

Answer:  No, because your child would not meet the age test, which says your “qualifying child” must be under age 19 or 24 if a full-time student for a least 5 months out of the year.  He may be considered a “qualifying relative”, but his income must be less than $3,700 for 2011 and $3,650 for 2010.

Question:  I start work in September of this year and had my baby in March.  Can I claim my baby as a dependent on my taxes?

Answer:  Yes, even if you have a baby on December 31, you can claim them as a dependent on your taxes.

Question:  My boyfriend fully supports me.  We live with his mother, but we pay for our full support including rent.  His mother wants to claim us as dependents.  Who can claim the deduction?

Answer:  As long as your boyfriend is not married (be sure to check your individual state law regarding claiming a boyfriend or girlfriend some states don’t comply with the federal law), supplies over half of your support, and you lived with him the entire year, you did not earn more than $3,650 TY 2010 and $3,700 TY 2011, you would qualify as his dependent.  His mother could not claim you since she did not provide more than half of the support.

Question:  My spouse has not worked all year except for a month, can I claim him as a dependent?

Answer:  You cannot claim a spouse as a dependent.  If you file married filing jointly, you will get a personal exemption of $3,650 for TY 2010 and $3,700 for TY 2011 for each of you.

Now that you are armed with more knowledge about dependent tax laws, you may want to reconsider kicking out your free-loading friend.  They may help you get a larger refund.

For more information see our Who Counts as Your Dependent or Can I Claim My Girlfriend As a Dependent blogs.

TurboTaxLisa

Lisa Lewis is a CPA and the TurboTax Blog Editor. Lisa has 15 years of experience in tax preparation. Her success is attributed to being able to interpret tax laws and help clients better understand them. Lisa also has been a TurboTax product user for many years and understands how the software program works. In addition to extensive tax experience, Lisa also has a very well-rounded professional background. She has held positions as a public auditor, controller, and operations manager. Prior to becoming the TurboTax Blog Editor, she was a Technical Writer for the TurboTax Consumer Group and worked on a project to write new FAQs to help customers better understand tax laws. She could also be seen helping TurboTax customers with tax questions during Lifeline. For Lisa, getting timely and accurate information out to customers to help them is paramount.

Comments (596) Leave your comment

  1. Hi Lisa, I’m surrently living with my girlfriend and her son. He is planning on attending college in the fall and I was wondering if there was any tax benefit for me in giving my girlfriend money to help pay for his tuition?

  2. Hi. My husband is a Filipino working in UK under a 2-year contract, while me and our 1year old child lives in the Philippines. He has his contract renewed and now about to finish by October 2014. He never updated yet his marital status and never applied yet for a child tax credit. Is my husband qualified to claim for this benefit?

  3. I am 20 years old, I am a full time student, I live on my own for 9 months out of the year, and I provide for ALL of my expenses except for my health insurance. Am I considered INDEPENDENT status??

  4. Our Daughter and grandsons lived with us for 7 1/2 months she receives Social Security can we claim the grandsons on our taxes since she had no earned income

    • Hi John,
      If you provided over half of their support, they did not receive income over $3,900, your daughter or anyone else can claim them, and they meet the citizenship requirements you can claim them. TurboTax will ask you the appropriate questions and give you the tax deductions and credits you’re eligible for.
      Thank you,
      Lisa Greene-Lewis

  5. I turned 18 in July of 2013 but graduated and moved out in 2012. I lived on my own all of 2013 and am not a full time student in college and my parents claimed me. Was that right?

  6. My younger brother passes the dependent test. But he is on F1 visa (foreign student goes to the US to study). Can I claim him as dependent? Thank you.

  7. I am 20 years old & support myself i rent my own place etc. My 17 year old sister will be living with me this year. I know i can claim her as my depemdent. But can i also claim head of household? She does not work, but she is a full time student.

  8. Can I claim my third cousin on my earn income tax he is seven I have raised him since he was two months old the IRS said I only can claim him as independant

  9. Can my son claim me on his taxes im 50 and not working does he claim head of house hold or single

    • I recieve child suppprt and food stamps can my son claim me im his mother 50 yrs old not employed

  10. My daughter is 22, a graduate student out of state, I provide more than 1/2 support. She has an income of 12K. Her state has a much lower tax rate.Can she file in her school’s state, while I still claim her as a dependent? In other words does the dependent have to use the same address when filing her return as the parent?

  11. If I am getting food stamps for me and my children and am currently unemployed, can my boyfriend claim us on his taxes?

    • If I have been living with my fiance for 2.5 yrs can he claim me as an independent i made less than 3,900.00 this yr?? Thank You!

  12. If my sister claimed my son whom supported my son for about a year and his dad claimed him too who doesn’t provide for my son in any way who will lose this situation

  13. My daughter goes to college in Texas. I want to claim her. She made $6330 income. She is a full time student. She is doing her taxes, being claimed my me and wants to used her Texas address to establish residency. Can I claim her since I pay all her expenses to live???? even if she made over $3000 and lives away from home for school?????.

  14. Hi,

    Im 22 and living with my parents. Ive made well more than $10,000. I only went to school for a semester. I filed as independent, however, are they still able to claim me as dependent. If so, how would that affect me and my tax return filed as independent?

  15. Can i claim my brother he makes more than 3,700 a year… He is 21 and i am 23 >> I provide more than half of the total support for the year,, Also can i claim my mother? She doesn’t work.
    Can i be head of house hold?
    Please i need an answer
    THANK YOU!

  16. im 23 years old, can i claim my brother he is 21. he makes more than 3,700 .. but i provide more than half of the total support for the year,, And also can i claim my mother?, she doesn’t work.
    can i be head of house hold??
    Please help i need answer!
    THANK YOU

  17. Hi Lisa …
    My husbands mother spends every other month here since she gave up her apartment. The month she’s not here she’s at her other sons house. She gives us $400.00 a month which is room and board. Can we claim her as a dependent and if so what documentation would we need to support it? Thanks … Peg

  18. Hi Lisa,
    My mom is a green card holder and she stayed with me from Oct.1, 2012 to Oct. 2, 2013. Can I claim her as my dependent? Thank you.

  19. My 84 year old mother lives with us in our guest area, just steps from our house. She pays hers utilities and medicine, and doctors and some food to keep at her place. We pay for all other food (I cook all her meals), and we pay the mortgage. I drive her everywhere she needs to be, and shop for her. Can I claim her. She has no income, but has SS check each month.

  20. I’m a 20 yr full time college student who worked a temp job and made less than 3K end of 2013, if my dad claims me, do i still have to file my own taxes? Also, will we get more money if he claims me or should I claim myself? I took out some student loans and received some grants but I paid for all my books and school supplies, but I live with my dad.

  21. My daughter 25 and her daughter 2 live with us full time. my daughter gets child support and disability income which totals about $10,000. Are these two incomes taxable, does she need to file? If not, can we claim her daughter as a dependent if she doesn’t file and we have been supporting over 75% of their support?

  22. My fiancé lives with me and is an international student. We have lived together for 2 yearsvin the same location. She gets some financial aid but overall I pay for what she cannot like occasionally rent,tuition,supplies,etc. Can I claim her on my taxes?

  23. Hi there! I need help. My fiancee is still legally married & haven’t filed for divorce yet. Can he claimed me as gf for dependant? I worked for almost 3months, filed for unemployment & just received disability last year. Also I did live with him until june 2013.

  24. I use my child as a dependent on my taxes. My question is he owes child support in Puerto Rico and I am afraid that they will take my return for his debt. Is this possible, being it would be my deduction? I heard that there is a law about grandparents paying what is owed if the child isn’t paying. He is applying for SSI.

  25. Hi I am 18 years old and was married oct 16 2012 my mother is still wanting to claim me on her taxes but my husband and i have not lived the full year with my mother and we moved out before July of last year. Will my mother be able to claim me or would my husband have that right?

  26. my ex husband moved in with me 3 months after our divorce and he does not work i pay all bills so i support him fully can i use him as a dependant

  27. Hello,

    My son is 21 and employed. He still lives with me and pays me a small fee for utilities each month. He supports himself otherwise i.e. buying his own groceries, paying his car note. Can I still claim him even though he made more than $3700?

  28. My 28 year old daughter and my 2 1/2 year old grandson has lived with us all of 2013 and we have provided all of their expenses. The child’s father provided little support to them and will not claim the child. Can we claim both of them as dependents?

  29. I just did my taxes with turbo tax. I couldn’t claim my 4 month son because hes not older then 6 months. Could I just claim him in march when he is 4 months even if I already did my taxes?

  30. I live with my mom and older sister. I did not work all year and just had a baby 5 months ago. Can my older sister claim my baby as a dependant? I heard because I am 24 my mom has to claim my son. Is this true?

  31. Hello! I am a 24 year old college student staying with my mother. I pay her $250/mo. (I say staying, not living because I sleep on her couch of her apartment; I’m not actually on her lease), and I pay all my own tuition, and personal expenses apart from what she pays for rent and utilities. I made about $12,000 last year. Can she claim me as a dependent?

  32. i filled my taxes already. i claimed my 18 year old son. a couple of days ago i he recieved a w2 form. he went to stay with his friend for a few weeks but he was working too. now what do i do i don’t want to ket in trouble

  33. As a 18 year old, can I claim my own son even though he was born in December. I am currently still enrolled in high school and do not have a job but still live with my parents

    • Hi Amanda,
      If you did not earn any income you don’t need to file your taxes. If you did earn income you can claim him even if he was born in December, but make sure you have his social security number when you file. If you need to file your taxes TurboTax will ask simple questions about you and help you prepare your taxes. If you didn’t provide over half of your own support your parents may be able to claim you.
      Thank you,
      Lisa Greene-Lewis

  34. My wife and I just had our beautiful son on December 30. I know that I can claim him on our tax return but how many month do I put that he live with me?

    • Hi Ching,
      You would just put all year since he was just born and you are eligible to claim your dependent child whether they are born on the last day of the year or not.
      Happy filing!
      Thank you,
      Lisa Greene-Lewis

      • ok can you answer mine about turning 18 in december 2013? Can he still be claimed because he wasn’t 18 for “part” of the year ?

  35. My sons father has been living with us
    Since June of 2013 he only worked up until the beginning of march and was attending high school full time until mid July can I claim him and get something back?

  36. My daughter is a 23 single mother and full-time student (I pay for her college education). She and the baby (born in December 7) both live in my house under my support. Although she worked part of the year and made over $10,000 can I still claim her and the baby as my dependents? Or does she can file her own income tax but I can still claim them?
    Please help.
    Wilson

  37. me and my baby’s mother to not have any type of legal agreement we have been separated 2 years I’ve had my daughter week on week off for the 2 years and now she lives with another boyfriend is there anyway that they can claim my daughter my daughter on their tax return we also live in this state of iowa and the mother is disabled

  38. Question that needs an answer please. My son is 5 years old. His father does not live with us and my son does not live with him 6 months out of the year, my son will go visit his father on occasions and we do have joint custody but my son does not live with him, how is he still able to claim him on his taxes or does he lie to the IRS? Can he get in trouble for claiming my son?

  39. I am claiming my girlfriend as a dependant she had unemployment last year but made less than 3900 what do we do with the 1099 from her unemployment

  40. i am 20 but i have lived with my parents for over half of this year then i got married and moved can my parents claim me?

  41. I moved in with my boyfriend in 2/2013. He’s 34 & I’m 20. He receives SSD benefits in the amount of $800/month but I pay all the bills. Am I able to claim him ?

  42. My son is 1, he lived fully with me for 6 months for the last 6 months me and his father share him I have him 4 days a week his dad has him 3 days a week his dad doesn’t pay child support and works full time, but I do not work I do attend College full time, can i claim my son on my school tax return??? And does his father have the right to claim my son ?

  43. My 79 year old father has lived with me for 5 years. He gets about $400 a month in Social Security, nothing else. Does that $3900 include income from Social Security?

  44. My son was adopted as a child. For the year 2012-2013 I took out school loan for him to go to school in another state. I paid for over 1/2 of his support. Can I claim him or does his adopted father only have that right?

  45. Ok so I’ve been claiming my son sense he’s been born he is now 3, does he have to be on my lease to be able to claim him? I didn’t put him down when I signed the lease cuss I had to pick up another job to pay for his care and my car so his mom babysit him when I’m at work.

  46. I lived in IL from January 1, 2013 – September 4,2013 & worked from jan-july in IL. I now live in california but im not working I am getting unemployment from IL. I have 2 kids 1 is 1 1/2 and the 2nd one is 9 and in elementary school.
    I made about 6100 for the year plus for 2013 i got 471 in unemployment. can I claim both children and how much will I get back??

  47. I’ve lived with my boyfriend and his mother for two years and have never worked besides watching my boyfriend son. My parents supply my insurance and want to still claim me. But my boyfriend s mom wants to claim me. My boyfriend buys the food and clothes that I need plus pays my bills. And his mom only allows me to live with her in exchange I help around the house and sometimes buys me thing on her own free will. Whos allowed to claim me

  48. My husband’s sister has Turner Syndrome–she is what they call “mosaic” or mid-level. Some of her outward manifestations are inappropriate social behaviors which have worsened with age. As a result, while she comes off as reasonably intelligent initially, her Turner manifestations are such that nobody will hire her. She has been living with us and has been totally dependent upon us for support since 12/2012. She is 50 years old. Can we claim her as a dependent?

  49. Its along story. But my mom was a foster parent to my. At the time three year old. Until the end of aug. Than we got her back. Can I clam her. We still took care of her and had to provide like any parent. As for my mom got paid by the state for my daughter. So she spared no exspence .so I think we should be able to clam her.

  50. My 19yrs old is living with us, she is a full time student and part time employee she made $3100.00 plus a SSA 1099 of $1600 which she rec’d because she was still in high school but was 18 & older they sent it directly to her, from my disability benefits. Can we still claim her? Also we got married on New Year’s Eve 12-31-13 lived togother several years do I file with my maden name or married name. My name change was after the year changed of course. My 1099 came in under my maden also 1099 from my long term disability. Also can my husband claim me as a dependent or are u just married filed jointly. My 1099 $12800 & $440 from my longterm insurance.

  51. Hi I have a question. I’m 22 I graduated in may 2013 and while I was in school I was part time. and have been working part time until recently when I started full time. For the past 3 years I have filed my own taxes but this year my dad wants to claim me as his dependant.Can he if in gross wages I made more than 4000

  52. My husband has a friend that he has known since grammar school they my husband was 7 now my husband is 57 and his friend is and his friend was a year older so they have been friends for 50 years, he has no one he can’t work life has taken its toll on him he has no Family he make no money so he lives with us we support him can we claim him?

  53. My 18yr old niece moved in w me for 5 months. She finished high school in my house and I supported her completely the entire time. Can I claim her on my taxes ?

  54. My Son is 6 years old , I didn’t work at all because I’m a full time student , can I still file my son on my taxes ? all I’m filing is college taxes. Also I live by myself may I still file Head Of Household ? & Still receive money for both ?

  55. Hi I need a answer to My Question! My Cousin had a baby I have been helping taking care of her since he been born buying food clothes diapers Etc her mother wants me to carry her on my taxes she don’t leave with me but she do spend days at my home with me! Will I be able to carry her?

  56. I’m 28 years old, i have no income have been unemployed since 2009, i live with my parents can they claim me. At all…i receive no benefits.

  57. I am trying to find outif i can claim my daughter if i only worked for about 2 weeks the whole year due to open heart surgery. I got unemployment but they didnt take an taxes out…

  58. Hello, thanks for the info.
    I was wondering if my parents could claim me as a dependent? I am 21 but have been working full-time (over 40 hours a week) this whole year.
    Thanks in advance.
    Joe

  59. I have a child 22 years old, all the tests under the qualifying child tests are made but has made over the 3,700 gross income. Is it still okay for me to claim her as a dependent?

  60. My father lives with me and I was wondering if I can claim him. He’s retired and on Social Security. He gets around $1500.00 a month on retirement and Social Security.

  61. My son turned 18 in May of 2013, can I still claim him this year? He did graduate in 2013. He only worked a few months after he graduated at a part time job till he got injured outside of work.

  62. My 12 y/o son was taken into temporary custody by the state in May, 2013, but lived with my mother prior to that. I supported my mom all of 2013 and can claim her on my taxes, as she only collects SSD and I paid more than half of her living expenses. My question is, since my 12 y/o son did NOT provide any support for himself in 2013, can I still claim him, even though the state has temporary custody? He is coming home in March, 2014.

  63. Hello. My son started working last year 2013. He is 16 yrs. Old. Can i still continue carrying him as my dependent? He has work for about 5 months…In 2013.

  64. Hi Lisa,

    My 19 cousin has been living with me for 6 months. She was enrolled in school all the way up until July of 2013. Will I be able to claim her as a dependent of my income tax?

  65. My 20 y/o daughter is a full time student, lives with me, but made more than $3800 last year. Can I claim her as a dependant on my taxes ?

  66. I was wanting to know if by long time boyfriend can clam me and my son. I am disabled and my son is 16. We have lived together over ten years.

  67. I am a 28 year old college student. My niece has a 4 year old son and she is 17 years old. She stays with her mother but I pay for all of her things. She receives food stamps but she is also pregnant again and the food stamps do not cover all of her needs, She is in school. I give her mother money towards their (my niece and great nephew) rent and lights and money to get her to her doctors appointments. The only reason she does not stay with me is because the school that she needs to attend is closer to her mother’s house so it is more convenient. Can I claim my niece and great nephew on my taxes?

  68. Hi…
    My brother-in-law has worked in Iowa all year long in 2013. He is moving to Puerto Rico in a few weeks. We were planning on me sending him his W2′s when they arrived but I was woundering, can he claim his taxes over there.?

  69. Hi,
    So my boy friend has been living with me the entire year and I have been paying ALL of the bills the entire time and he only worked for a month out of the year. On 19 and he’s 21 am I able to claim him on my taxes? Oh and he’s not on my lease but at both of the residences I’ve lived at he got mail there so is that all the proof I need to show that he lived here?

  70. I am a single mom with a perm. handicapped 20 year old son, my x husband (My sons father) passed away July 2013. How do we file or can we for his death on my sons part.

  71. Hi Lisa,
    My wife and I are foster parents. We have been fostering 2 year-old twins since mid-September. They meet all the requirements of qualifying child except they have not lived with us for more that 1/2 year. Can we claim as a dependent or not?

  72. Hi Lisa, So my daughter is 20, still lives at home, is a full-time student, works and earned more than $3,700 last year. I feel I provided more than 51% of her food; all of her room & board, with a car to include her insurance; medical and dental insurance. She has payed for her tuition and books; gas for her car and any incidentals. Can i claim her on my taxes? And my son is 19, living at home, working part-time, NOT yet in school and has made over $3,700 last year. And like his sister, we pay for his insurance, room/board and food. Can i claim him?

  73. My wife collected unemployment in January and February only… Can I claim head of house hold even though she collected unemployment those 2 months?”

  74. Hello. My boyfriend and I and my 2 children have been living together for over 2 years. One of my daughters and myself receive social security from my late husband. We earned 299.00 per month each. so roughly 3,600 each for the year. Can my boyfriend claim myself and my 2 children as his dependents since he provided over half of our support for the year?

  75. My niece age 14, my 2 nephews ages 11 & 13, and their Mother, my sister in law, have all lived with me since arouond july 2012. the father lives about 800 miles away and has been appointed by the court to pay child support since the end of july 2013. That child support is paid to my sister in law and helps pay some of the bills but it does not cover 1/2 of the support of the children and her and it has only started with in the last 6 months. My siter in law does not work has not worked and will not work and is getting divorced. all four of them have been at my house with me paying for everything except for the last months what little the child support helped with. can I claim them on my taxes. Im pretty sure that I can but just want to check

  76. I am 17 years old, i will be 18 in feb 2014 I have been on my job for going on 5 months now. Would i be elgible to file my disabled mother or 16 year old brother or both?

  77. Hello Lisa,
    I am a 24 year old who is currently considered a dependent on my parents tax forms and health insurance. I was hoping to move in with a friend for the next 2 months then move back with my parents until I graduate from school in 2015. Can they still claim me as a dependent on their taxes (and if you know, health care) or do I have to be dropped from that status?

  78. My parents want to claim me as a dependent because I lived with them for 10 months then got married. Can they still claim me?

  79. Hi Turbo Tax
    I am a full-time student and my husband is the only one working this year. The only income I had was student loans and grants, can he claim me as a dependent or what should we claim if not?

  80. My cousin who just now turned 24 was loving with me for about a year. He is now incarcerated. He worked but did not pay for any bills due to not making a lot. Can I claim him as a dependent and if so what do I need to do?

  81. My daughter is 37years old and my16 month old granddaughter have been living with my wife and I this whole year. She is unemployed and does not receive unemployment’ but does get child support. Can I claim them as dependents.

  82. Hi TurboTax,

    My niece came to the US two years ago. I am her legal guardian. She will be 18 years old on Dec 29, 2013. She finished her high school on June 20, then moved to Australia for an exchange college. She will come back to my home on Dec 27 and then move to Boston on Jan 1 for her college. I have been supporting her living and her flight tickets during her stay with me whereas her parents in Viet Nam have been supporting her high school and college tuitions. Can I claim her as my dependent? Thank you.

  83. From what I gather, my daughter who graduated in May form college this year (January through May = 5 months) can be deducted this tax year as long as she does not claim herself, correct

  84. Hi Lisa, I wanted to know if my boyfriend can claim me for this year. We have been living together for more than 2 years but we are not married. I am a full time student and 19 years old, also i am working at a college part time only and i have made more than $5,000. He has been the one buying my school supplies and my expenses as well. I justed wanted to know if he can claim me and do we need a marriage certificate? Please answer my question before December ends, thank you

  85. Can I claim my boyfriend we live together and he receives social security and disability and I have worked since april of 2013 we also have a 19month old daughter who I am claiming so could I claim him too?

  86. I am 23 years old. Currently made $21,000 for the year. Not a student. Can my mom file for me as as a dependent?

  87. I have had an annual income of a little over 5,000, am I going to be able to claim my son as a dependent and get anything back for him?

  88. Hi Lisa, I just had my baby July 19, 2013. And I really want to make sure I can claim him. I live with my parents for now, but I pay for myself and for him. My mom will be claiming my younger sister as a dependant. I’m 20 years old. I want to know if I can claim him on my taxes. It sure would help if it was possible. Let me know asap :)

  89. My aunt and her 3 kids have lived with me for the past 8 months and I was wondering if I would be able to claim them. I have pretty much supported them because her ex husband hasnt been paying child support.. She does not work. so could I claim them for 2013?

  90. My son moved in with us from his mothers house on may 31st of this year. He was 20 at the time and actually turns 21 today. He started his first ever job on July 2nd and only works part time. His gross this year is approximately $6100 and has had $580 withheld for Federal Withholding. My question is does he need to file his own return this year? And also am I supposed to claim him as a dependent since we provide him with residence, food, etc since he’s only working part time? Just want to make sure we get our taxes right since we’ve never been in this situation before. Thanks for your help.

  91. hi
    i m muriam from Pakistan. infact i am getting married on Jan 25th 2014 and my husband wants to go to uk for masters degree can i apply with him as a dependent. wht woulb be the required documents in this regard.

  92. I have been divorced for over 12 years and my 20 year old has always lived with me. his father did pay child support which ended when my son turned 18, his father pays nothing for him but he does help pay for my sons college books but does not pay a dime for my son’s living expenses. That is all done by me. I was told that since my ex does not pay support anymore and our son lives with me full time that I can claim him until he is 24 years old. Is that true

  93. Hi Lisa, i have questions regarding dependency. Me and my other half are not married but we live with her mother, we have one son and last year i claimed for my son since last year i made the most of income and she only work for couple of months. Now her mother wants to claim my son gor dependency. Is that possible? Second is my other half was planning to go back to college this coming year and her mother wants to claim for her too. I am 26yrs old and my other half is turning 20 this January 1st. Is there a way that her mother cannot claim my very own son and my other half? Thank you and hope to hear some answers.

    • Hi Sharika,
      Congratulations. Yes, you can claim your baby. Make sure you have a social security number for your baby. You will not be able to claim your baby and take advantage of valuable tax credits and deductions without it.
      Thank you,
      Lisa Greene-Lewis

  94. Hi Lisa. My son’s legal residence was my home while he was away at college from January until he graduated in May of this year. He turned 23 in August. We supported him fully. While he was looking for a job, he lived for 2 months with a friend in Maine so he could go on interviews, but we continued to pay all his bills (car payment, insurances, food, etc.) He got an apartment in August (I paid the rent) and started a full time job in September in the same state where he went to college. Would we be able to claim him as a dependent for 2013?

  95. My husbands 17 y/o sister came to live with us in August of this year.. Would we be able to claim her for a partial year? Her parents don’t pay us any money for her to stay here and she doesn’t contribute to our income or bills.

    • Hi Anastasia,

      Your husband’s sister did not live with you for more than six months of 2013, so you will not be able to claim her as a dependent on your 2013 tax return.

      Mary Ellen

      • Hello, my name is Melanie. I’m 23 and a full-time college student working part-time. I made over $10,000 this year and I pay my own bills and I support myself. However, my mother refuses to let me file my own income taxes. She wants to carry me, how can I stop her?

    • Hi Michelle,

      If your boyfriend meets the requirements for qualifying relative listed in the article (2013 income limit is $3,900), you can claim him as a dependent.

      Mary Ellen

  96. My girlfriend and I have been living together for 2yrs.We live with her mom, but we pay half of all rent and bills.My question is, can I claim my girlfriend even if she is collecting disability(social security)?

    • Andy,

      You will have to determine if you pay at least half of your girlfriends support.
      There is a worksheet in Publication 17, page 30 for determining support. You will need to consider how much she contributes, how much her mother contributes to the household and how much you contribute.

      Sometimes no one provides more than half of the support of a person. Instead, two or more persons, each of whom would be able to take the exemption but for the support test, together provide more than half of the person’s support.

      When this happens, you can agree that any one of you who individually provides more than 10% of the person’s support, but only one, can claim an exemption for that person as a qualifying relative. Each of the others must sign a statement agreeing not to claim the exemption for that year. The person who claims the exemption must keep these signed statements for his or her records. A multiple support declaration identifying each of the others who agreed not to claim the exemption must be attached to the return of the person claiming the exemption. Form 2120, Multiple Support Declaration, can be used for this purpose.

      Mary Ellen

  97. I graduated in march of this year my boyfriend pays 100 percent of everything, we are registered as domestic partners and I’m 23. Can he claim me as a dependent. I also get unemployment…

    • Hi Don,
      He can claim you if you lived with him the entire year and you did not earn more than $3,900.
      Thank you,
      Lisa Greene-Lewis

  98. I turn 21 in December, my dad has been claiming me since my parents got divorced so it was put in the legal agreement. My question is, since I’ll no longer be considered a minor can I claim myself in January?

    • Hi Brianna,
      Yes if you are over 18 you would not be his qualifying child unless you were a full time student and he paid over half of your support. If you were a full-time student and your dad provided over half of your support then he may be able to claim you.
      Thank you,
      Lisa Greene-Lewis

  99. My 24 year old son is going to grad school in Poland and has been living there the whole year. I am providing 100% financial support for him. Can I claim him as a dependent?

  100. My daughter went to highschool 5 months this year then graduated. She joined the National Guard, so she has done drills and basic training which she has got payed for. She is currently doing her AIT training which she gets pay for also. So my question is: Do I have do her taxes different since she has military pay or do I do them the same as in the past?

  101. Hello, I have only made $6000 this year due to my hours being cut and completing my internship. I usually carry my little brother on my taxes whom lives with me. Since I made so little this year will I be able to file him on my taxes?

  102. My wife just got here from the Philippines on September 12 2013. Can I claim her as a dependent, and as my wife? Can I claim all the money I spent on her, for her to get here ?

    • Hi Linxs,
      Spouses can not be claimed as dependents, but if you file married filing jointly you will get an exemption of $3,900 for her on your 2013 taxes. Moving expenses can only be deducted if they are related to a move for a job so it doesn’t sound like you will be able to claim her moving expenses. When you use TurboTax to file your taxes, you will be asked simple questions that will help you get the exemption for your wife as well as other tax deductions and credits you may be eligible for that you’re not thinking about.
      Thank you,
      Lisa Greene-Lewis

      • Thank you Lisa, this really helped. I spent nearly 12 grand to bring her I figured maybe I would get some of the money back. Bright side is she is here. Thank you once again.

      • I forgot to mention, she can not work until her immigration status is removed which will take at least 2 years. Can I still file joint taxes?

  103. hello, if my daughter is 16 and she lives with me and she has her baby late december am i able to claim her daughter as a dependant?

    • Hi Tatianna,
      As long as the baby doesn’t provide over half of her own support, she lives with you the entire time she’s here, and no one else claims her as a dependent you will be able to claim her. You need to have a valid social security number in order to claim her.
      Thank you,
      Lisa Greene-Lewis

  104. My Daughter Will Be Turning One In December.Her Dads Mother Claimed Her Last Year.I Recieved 1,500 Last Year.I Was Wondering If I Would Get The Same Amount This Year.

  105. My wife just got here from the Philippines in September/2013 Can I claim her as a depend and as my wife? Can I claim all the money I spent on her, for her to get here ?

  106. My daughter graduated highschool May 2013 and turned 19 in September. She has just graduated basic training for the National Guard and is currently attending Advance Individual Training until Feb. 2014. She lives with me and I was needing to now if I can still claim her as a dependant on my 2013 tax return.

    • Hi Wendy,
      You may still be able to claim her as long as you provide over half of her support and she did not earn more than $3,900 during the year.
      Thank you,
      Lisa Greene-Lewis

      • hi Lisa, i live with my girlfriend who’s grown deadbeat son lives with us and has not worked much this year (definitely way less than 3900.00) so we have supported him pretty much all of the year, my question is can one of claim him ? if so who should claim him ? also he owes a large amount of child support, if one of us claims him will that affect us ?

      • Hi, i´m in NS, my son turned 18 in December 2013. Can I still claim him on my taxes as he was under 18 for most of the year

    • My son is 19 years of age and he resides with me. I have supported him through the year of 2013. He is taking online classes to graduate from High School.

      Can I claim him on my taxes and earned income credit. I will gross about 15, 000 for the year

  107. Hi, my parents received their green card in June 2013, and they have no income, I am supporting them 100%, and they live independent in a condo that I owe rent free.
    Can I claim them as dependent for 2013 and include their expenses
    Thanks

  108. This year I am turning 24 on December 30. I am a full-time graduate student living at home. My parents pay my living expenses although I work. Can they claim me as a dependent? Is the fact that I turn 24 on December the 30th going to be an issue?

  109. I have a question, around june of this year my mom left us and my siblings and I live with my boyfriend. My question is, can I claim my brother and sister on my tax? My brother is 12 and my sister is 17 I work part time and make less than $3500 and I’m a full time student. What can I do if my mom wants to claim them??? Thanks!

  110. I have a question. I lost my job a few months before my son was born. Would i still be able to claim him on my tax return?

  111. Hey Lisa. I’m currently 24. Last year I made 17,000 and by this years end, I will have made around $30,000. My mother is out of work and only made $800 in disability last year. My father receives untaxed SSDI monthly. Would I be able to claim them as my dependants on my taxes next year? Also, would I be able to receive more financial aid for school because I make more than them?

  112. I have a situation that I need clarification on regarding whether or not I can claim my daughter as a dependent when I file my taxes for 2013. She will turn 19 in November, she was accepted and participated in Disney’s college program at Disney World in Florida for the spring semester (a 4 month internship with Disney College classes and working in the park living with roommates dorm style – however, most universities don’t accept it as credit, but qualifications are that you are a student when you enroll), now she is back in CA living with me enrolled in the fall semester at college, however she was only able to get 8 units… please help!!! Does the internship count as a being a college student? Can I still claim her since it was a program/internship for college students, have been supporting her, and she’s lived with me all but the 4 months??? Thanks in advance.

  113. My fiance has joint custody of his two kids with his ex. He is not working but I am and have supported his kids with half there expenses if not more. Can I claim at least one of them on my taxes legally?

  114. Hi Lisa,
    I recently had a baby and ia stay at home mom. I’m not married but I’ve been living with my fiancé for the last 4 years, he is the only one working and supports me and my child( from a past relationship) is he able to claim my son legally since he is the one working?

  115. Can you claim a boyfriend on taxes that lived with you a full year but had mail delivered to another out of state address?

  116. Hi, Lisa! My TurboTax program is rejecting an exemption for my 18 YO student son who has no income, based on his birthday. Any idea on how to get around this? We are filing an extension return in October. Thanks!

    • Hi Meg,
      Please go back through the entire dependent section and make sure you answer the questions related to where he lives, birth date, and support correctly. If you answer that he provides over half of his own support you would not get the tax deduction.

      If you go back through and still have questions, please feel free to call and talk to our agents
      https://turbotax.intuit.com/tax-answers/?state=1379268886395
      Thank you,
      Lisa Greene-Lewis

  117. Good afternoon Lisa,

    I guess my question would be for next year’s taxes. I have an aunt for whom I provide more than 50% of her support for the year. The issue is that she lives in Mexico, not in the US. Can I still claim her as a dependant? Thanks in advance for your help.

    Raul

  118. Hi,

    I live with my fiance and he still goes to school full-time and I support more than half of his expenses, can I claim him as my dependent? We live in Oregon. Thanks.

  119. Hi Lisa,
    My daugther is 25 who still lives with me and going to school fulltime. Begining of this she goes out of state for school. I still pay for her rent and expenses and her mailling address is still with me. My question is can I claim her as a dependent since she has no income?
    Thank you

  120. Hi Lisa,
    I have a 25 years old daughter who is a full time student and live with me. Begining of this year she temporarily moved out of state for school but her mailing address is still with me. I do pay for all for some of her expenses like dorm and books and food. My question is can I claim her as a dependent on my tax since I’ve been partially supporting her?
    Thank you

  121. Hi Lisa, my fiance and her 8 year old child have been living me with since June of last year. This is the first time I’ve heard of this law. We both work, I go to college full time as well. Can I claim my future step-son as a dependent? For next year and last? If so, how would I go about doing an amendment to last year’s taxes?

  122. Hi Lisa. My wife and I continue to owe money year after year while I am seeing friends and family get huge returns. I would have to assume we are not filing correctly. We have two young children. How should I be setting up my deductions to see the biggest return next year

  123. My grandmother moved in with us in January of this year since she could no longer live by herself any more. She writes me a check every month to help cover the bills. She does make over the $3,700 power year with my grandfather’s pension(he is deceased) and her social security. I understand that we can not claim her as a dependant because of this, but how well this effect or taxes? Will the check that she writes us every month count as an additional income for us? Will this end up buying us in the end?

    Thanks so much!

  124. my employer allows me to deduct my insurance for both myself and my fiance pre-tax. her income is higher than mine, but since i pay for her healthcare can i claim her as a dependend?

  125. Hi, my name is Ramona and Im 21, a full time student, and I have the same residence as my boyfriend. I work part time (sometimes Im able to pick up hrs and get 32hrs). My gross income does exceed the maximum gross income. He works full time. In the end he does provide more than half of my support. Can he claim me as a dependant?

  126. We are legal guardians for an international student who comes from an orphanage in a 3rd world country. We provide 100% for her expenses. Since she is not a USCitizen, can she be considered a dependent?

  127. I am military and recently married do I have to file for my wife or can her parents continue to claim her under their taxes?

  128. Hi Lisa, My fiancee and I are getting married in February 2014 and her father will claim her as a dependent as she still will be living in his house as she goes to school there. I work and live in a different state. Is it okay for him to claim her as a dependent and I do not. Also we will not be filing a joint return. I appreciate your input.

    Thank you.

    Satish

  129. If my son is born in August and is removed from my custody by social services, can I still claim him on my taxes?

  130. I completely support my 27 year old son who has bipolar and generalized anxiety disorder. He has no job due to his illnesses and the medications he has to take. If he files for and gets SSI and food stamps can I still claim him as a dependent and as my qualifying person for head of household? I am unmarried and have earned income personally.

    • Hi Susan,
      You can claim your son as long as he is permanently or totally disabled and he doesn’t provide over half of his own support for housing, food, clothing, medical and other necessities. In order for you to claim him, he could not claim himself in order to get a personal exemption if he filed his own tax return. TurboTax will ask you the necessary questions to help you.
      Thank you,
      Lisa Greene-Lewis

    • Hi Reba,
      Are you filing married filing separately? If so, only one of you gets to claim each child. If you are filing jointly they would be claimed on only one return.
      Thank you,
      Lisa Greene-Lewis

  131. If I have a family memeber or relatives who resided with me for over 9 – -months due to Hurricane Sandy, can I claim them on my taxes, if I provided shelter/food and some clothing? is ther ea special tax credit?

  132. what if the disabled person 31 year old lives in alaska for 4 years wants to become an alaska resident but has issue with parents tax claim dependent.

  133. I am 22 years old with a 2 year old and a 1 year old daughter. We have been living with my grandmother since October 2012. If I marry my fiance in the military after I have lived with my grandmother for 6 months out of 2013, who claims me? She has supported me and my children 100% this entire time

  134. Hi Lisa,
    Actually My mother in law and father in law living outside of us. But they both have SSN since my wife was born in US. in 2012 my wife did not have job and she support them. Can I claim them as my dependent while they did not live with us.
    Thnaks,

  135. Hi there, I found your blog by way of Google at the same time as looking for a related subject, your web site came up, it appears good. I have added to my favourites|added to bookmarks.

  136. Lisa,

    My daughter is 23. She was a full time student from Jan to May 2012. She lived with us for the rest of the year. She filed her own tax return for 2012 with gross income of $15,647.00. Can I claim her as my dependent since we supported her for mare than half the year?

  137. I have a question. My daughter was married this past year. She actually lived with her husband for 3 weeks then moved back in with us (her Parents). She did not get a legal seperation and she did not complete her divorce. She did not work at all during 2012. Does the husband have the right to claim her when he has never provided any support to her.

  138. To tell the truth this is a fantastic advanced write-up even so like all excellent authors there are some items that might be labored about. Nevertheless never ever the less it had been intriguing.

  139. can i claim my brother 56yr.old who lives with me .and he receives disability benefits $800.00 a month.and qualify for credit for a dependent for income taxes.how much will it be for a one dependent
    ?

  140. Im fully spporting my mother who does not have any income. She is 86 years of age. and she does not live in the USA. Can I claim her as dependent.

    Also I have 2 nephew whom I am sending to univesity abroad and pay for their allowances and money. can I claim them as dependents for Income tax deduction in the USA>

    • Can I clam my friends child. My friend and her daughter live in Honduras but her daughter is US citizen but her mom is not

  141. Hello,
    I have a few questions for you, first my mother (87 years old) was very ill and passed away in July. My husband and I moved in with my mother and her husband, who was 92 in 2012, to be their caretakers in the early part of March 2012 and we have been here since March 2012. They both were getting Social Security Benefits and my step dad also gets a retirement check and VA Benifits. Also my son was 23 years old in Feb. 2012 but was incarcerated off and on during the year with no income and my husband (working) and I (on disability) have supported him for the whole year (since he lived with the rest of us) when he was not incarcerated. I need to know how to file our tax returns for the year. Thanks in advance for your advise because I am confused about the situation of filing our taxes and who we can claim and who we can’t.

  142. Can I claim my mother, she past away in november of 2012. However, my dad is still living and they were married.

  143. Can I claim my adult son who is 24 yoa, unemployed & not a student and is living with me ever since he was a child–he’s never moved out! Because he wasn’t a student, I never thought that I would qualify to claim him, but someone told me that I could still claim him, even though he’s not a student. He’s been unemployed now for over 4 years (since he was 20!) –mooching off of me all this time! If I could have been able to claim him, all this time, that would have helped! Can you confirm that I can do this? We live in Florida, which has no state tax. If I can claim him, how? He wouldn’t qualify as my dependent child under the ‘test’ criteria, right? Would it be ‘relative’ instead, or what do I do??? Appreciate your help! Would I be able to claim him for previous tax years? If so, how far back can I go?

  144. My husband and I live out of the country and our son, who is now 24 lives in Florida and goes to college. He’s taking two classes at the moment but is fully supported by us (rent, expenses, etc). He does not work. Can we claim him as a dependent?

  145. I live in Florida and my boyfriend has live with me all year. He did not work can I claim him on my income tax

  146. I only worked a week during the whole tax year. Could I do my taxes and claim my 2year old and 6 month old babys?? My husband lives with us but never provides what the each need, once he receives taxes all he cares is about cars!! He just got a 2011, baby’s need dippers, clothes and shoes. Please respond.

  147. Can i claim my 25 year old daughter. She is disabled and receives about $8000 in social security benefits for the year.

  148. I had my 37-year old friend living at my house for the last year, he parted ways with his gf and had no where to go, so i let him stay with me. He has done a few odd ends jobs for a lil cash but has not had a steady job since hes been here, therefore I am supporting him. My question is: Is it possible for me to claim my friend as a dependant on my tax refund?? If i can..how would i go about doing that?? Please help. Thank you!!

  149. ok so me and my gf live with her mom and i pay rent every week to her we had are son on december 15 and her mom says that she needs to claim him because if not she will have to pay all the bills that her pregnency medicade has paid for and she is only 17 medicade has nothing to do with taxes right ?

  150. My circumstances have changed – I need to make changes immediately , I’ve already filed – but instead of getting my return direct deposited into my bank account , how can I get my return on a pay card and also have it mailed to a new address? Can you provide a number for me to call? All of my information on my taxes was on a laptop that was stolen and I need to make these changes immediately.

  151. Can my boyfriend claim my children? We have lived together for 3 years and the last 2 years I haven’t worked.

  152. Hi Lisa. Do you know what the minimum or maximum amount a person will get in thier refund for a qualifying relative?

  153. Can my husband and I claim our 23 year old son on our 2012 taxes- he graduated from college in May and got married in Sept. He was in vet school from August until Oct, and then obtained full time employment. He lived in his college town until May, and then moved to an apt in the town that his vet school was in.

  154. Hi. My ex remarried this year. She does not work. Our child lives with them most of the time because I am practically on the road all the time, he stays with me one week every month. I pay all of my child expenses (not court ordered) including half the rent where his mother and step father live. She is planning on allowing her husband to claim my child as his dependent even though he does not contributes anything to support the child. Is there anything I can do to avoid this?

  155. Hi, I’m 18 going on 19 the beginning of March. It has been a big debate between me and my mom on if she can claim me..I lived with her all of 2012 up until October. I was and am not a student and I made roughly $5200 working. Is she able to claim me?

  156. im married with my wife but my wife doesnt have papers we have a years together and she doesnt work. do i have to claim her or not ??

  157. Hi Lisa, I want to claim my brother who is 20 and a full time student. He lives with me and made around 4k. I pay for more then half his living expenses so is he considered a dependent? Also will me claiming him affect his FAFSA?

  158. I am married with 5 kids and a 13 year sister’s kid as another dependent. I made only $5148 for the 2012 and now I am unemployed. I am using the turbotax freedom software and my total earned income credit and child tax credit amounts to 2400 total for 6 dependents with such a low income. WHat am I doing wrong?

  159. Hi Lisa,
    I am doing my father’s taxes and am way confused on something. So here is the whole story. I lived with my parents the whole year, I am 38 years old and in 2011 I herniated a 4th disc in my back and have been diagnosed with severe spinal stenosis. I have filed for disability, got denied and am in the appeals process. I have done 1 side job during the year which I made $4000 and I am also claiming unemployment. So my total wages were about 15,000. Most of my income goes to medical bills, credit card bills, etc. My parents have totally supported me in every other way except for the whooping $80/month I get in food stamps. My Dr. considers me disabled and would have no problem documenting this in a letter. Can my parents claim me as a dependant?

  160. Hello Lisa,
    I am a single mother, and a full time first year student, I made approx $9800 2012 year and my tuition is approx 4600$ on my 1098-t, how much do think I will get approx back?

  161. Hello Lisa,
    My daughters mother is allowed to claim my daughter 1 out of 4 years. If she missed that year, can she file a form to still get the tax credit from a couple years ago?
    Thanks,
    Steve

  162. I married my husband in august, until that point i lived with my parents. I turned 18 in August, got married a few days later, then left home to live with my husband. Can I file married filing jointly even though I lived with my parents for 8 months out of the year?

  163. my daughter lived with me till she was 18 then moved out week after birthday and moved back in oct or nov i claimed her on my taxes that get me into trouble

  164. Spouse and two kids (both below 9 years of age) abroad in 2012 for education for full year. I support them fully and married filing jointly.
    Can I claim kids dependents? Residency Test does have few exceptions.

  165. I am a fulltime student and had all my tuition covered by fafsa as well as the university. I recently found out that due to this I would not be receiving a 1098-t form this year. My question: can my parents still claim me as a dependent in their taxes? I lived with them and they provided for everything else throughout the year.

  166. Can I claim my adult brother as an dependant who receives government assistance? He receives food stamps, so he buys his own food, but he lives with me and has since 2007. I pay all utilities and provide a roof over his head. He does not work, and is currently a student with the Univ of Phoenix . Thank you.

  167. My daughter and son-in-law have been taking care of their newborn nephew since the middle of December because his mother is incarcerated. Can they claim him as a dependant?

  168. can my aunty claim my 3 kids as dependent, i live with her and she supported me and my kids. i didnt work but i collect food stamps thats all.

  169. Hello,

    My daughter is 18 and was only in school for a couple of months but did apply for a student loan. While she has not earned much income can I still claim her as a dependent even though I am not paying the student loan?

  170. Still waiting on a response…..My daughter is 18 a full time student in college she has a part time job and made 10,090.00 last year. She lives with her father and I we pay for everything for her including her college can we claim her on our taxes as a dependent this year.

  171. I have lived with my fiance for 4 years now, and her parents did NOT claim her as a dependent.
    She works full time and is a college student full time.

    Could I claim her on my taxes?

  172. Ken said: on February 1, 2013 at 8:37 am Your comment is awaiting moderation.
    Hi Lisa
    My son turned 24 on April 14th 2012
    He was a full time student up to the end of 2012, and he made 5000+ working PT job and he lived with me whole year. Can i claim him as a dependent for 2012?
    Thank you.

  173. My daughter is 18 a full time student in college she has a part time job and made 10,090.00 last year. She lives with her father and I we pay for everything for her including her college can we claim her on our taxes as a dependent this year.

  174. Hi Lisa,
    My son attended 1 semester of school last winter/spring (Jan-May), was age 19 all year but turned 20 on 12/30, and now works FT making more than $3700 per year. He lives at home with me and I pay for rent, utilities, and food. Can I claim him as my dependent?

  175. Hi I am 20 years old and my fiancee fully supports me and we have a 9 month old baby girl. I only worked for 5 months in 2012 and went to school full time can he claim me?

    • Hi Anna,
      Unfortunately your boyfriend would have to live with you the entire year.
      Thank you,
      Lisa Greene-Lewis

  176. my nephew and his girlfriend live together and both work. last year he claimed the child as a dependent and they filed seperately. this year they have a second child. she makes as much or maybe little more than he does. who should claim the kids? should they be filing together with one of them as head of household?

    • Hi Kim,
      If they are not married they cannot file together. The person who claims the dependents is the person who provides their support.

      -The child cannot provide more than half of their own support
      -They must live with the taxpayer the entire year
      -They must be a US citizen, National, or resident of Mexico or Canada
      -They cannot be claimed by anyone else.

      TurboTax walks you through these entries.

      Thank you,
      Lisa Greene-Lewis

    • Hi AMD,
      If they are your “qualifying relatives” and
      -You supplied over half of their support
      -If they are not related and you provided support they would have to live with you the entire year
      -They could not earn more than $3,800 taxable earned income
      -They must be US citizens, Nationals, or residents of Mexico or Canada
      - They can not be claimed by someone else.
      TurboTax will ask you the correct questions to determine eligibility.
      Thank you,
      Lisa Greene-Lewis

  177. Hi.
    My daughter is 18 years old and started college in NC on August, 2012. She does not live with us but we do fly her out for all of her school vacations (school does not allow them to stay on campus), and pay her car insurance, and cell phone. She does not work at all and got financial aid and grants to pay for school tuition. Can we still claim her as a dependent on our taxes?

    Thank you.

    • Hi CaliMom,
      You can claim your daughter as long as:
      -She doesn’t supply more than half of her own support
      -She is a US Citizen, National, resident of Mexico or Canada,
      - No one else claimed her
      TurboTax will also help you get the dependent deductions you deserve.
      Thank you,
      Lisa Greene-Lewis

  178. Hi Lisa, my sister is about 37 years old and her son is about 18 or 19. He’s graduated high school, does not work nor goes to college. I don’t know if she gets food stamps. She’s lived with my parents (who are in their 70′s) for 2 years and my dad pays for all of their expenses. Can he claim them as a qualifying relative?

    • Hi Dave,
      Yes as long as:
      -They provide over half of their support
      -They don’t make over $3,800 taxable income
      -They are US citizens, nationals, or residents of Mexico or Canada
      -They cannot be claimed on anyone else’s tax return and didn’t file their own tax return claiming an exemption for themselves.
      Thank you,
      Lisa Greene-Lewis

  179. Hi Lisa. This is really helpful information. One question: My wife and I care for our adult disabled son who lives with us. He receives SSI. How, specifically, would the IRS determine whether we are providing half of his support?

  180. Can my mom claim me?? i been living with her for 8 months now and i am out of school already so im not a student.. I am 18 years old.

  181. My Fiance, her 5 year old son, and myself have been living together for over three years now. I have made the most income, and provided the most support as far as living expenses (rent, utilities, insurance) through 2012. My fiance and her son are on medi-care, and food stamps and she has grossed $2,698 from employment, whereas I have grossed over $45,000. Who should/can claim whom, and who benefits the most in doing so?

  182. Hi Lisa! I’ll admit right off the bat I have not read every question on here (there are too many), so I hope you haven’t already answered this.

    How much can a ‘qualifying relative” make in 2012? My son, 29, went to school for 5-6 months full time and made around $4600. Is that to much to be able to claim him as a “qualifying relative”? He did live with us and we have supported him. Thank you for all your help!

  183. My son turned 24 years old in June 2012, he goes to school full-time and lives with us. Can i claim him as a dependent.

  184. Trying to help a friend who has a 24yr old daughter who attends college full time. Her income is less than required for qualifying relative. She lives in an apt the majority of the year in her college town. The parents pays for more than 50% of her expenses. Can the parent claim her?

  185. My 22 year year old brother lives with me and has lived with me the whole year of 2012. He does not work, doesn’t go to school or pay billsI fully support him. Can I claim him on my taxes?

  186. My dad got laid off from his job last year and received unemployment benefits in TY 2012. Can I claim my brother and sister as dependants (ages 11 & 16)? I paid rent and utility bills for my household all year . I also still live with my parents does this count for anything? I just feel like I should have some sort of break for taking care of my family for an entire year….

  187. My son was born December 3rd in 2012. I was working and buying him stuff he needs but does not stay with me overnight. My girlfriends dad wants to claim him on his taxes because he lives with them. Can I claim my newborn son if he does not live with me but if I buy him stuff he needs? He is 8 weeks old.

  188. I received SS disability for a heart transplant. I also receive compensation for my 2 dependent children. There is no tax being taken out on their portion. Do I claim their income from this because i am claiming them on my taxes? Their checks are in their name and ss number.

  189. Hi,

    I served in the military in 2012 and was stationed in a different state. I have a 10 year old son who I have full custody over. He lived with my ex-wife the whole year while I was stationed in a different state. Will I be able to claim him as a dependent even though he did not live with me physically?

  190. Hello,
    My daughter was in college last year and applied for financial aid and she also needed to take out student loans to cover the remaining balance. I was told by her financial aid advisor she needed my tax info for her student loans even though she didn’t live with me but because of her being under 24 and the student has to use the parents info. So with that am I responsible for claiming her on my return this year or can my parents still claim her. Just checking as I don’t want any IRS issues in long run.

  191. Hi Lisa, I am 24 y/o and I wanted to know if I can possibly claim by brother who is a year older than me because he only made around $2000 last year?

    In addition I was wated to know if I can claim my aunt; who passed away last year because me and my brother were her care taker before she died?

    Many people have told me different things. Please help… Thanks!

  192. Hi I have a question . My sister who is 16 years old has a Siberian husky .. CAn my father or I claim him as dependent??

  193. Hi Lisa, I am a 22yr old full time student living with my mother I work part time i made about $10,000 last year. I also have student loans in my name and pay all my own bills except of course rent. Would it be okay for my mother to claim me as a dependant?

  194. Hi Lisa, I am a 22yr old full time student living with my mother I work part time i made about $10,000 last year. I also have student loans in my name and pay all my own bills except of course rent. Would it be okay for my mother to claim me as a dependant?

  195. Can j claim my brother in law he is 20 years old and has lives with me for almost 3 years and only made 3393 this year

  196. Can i claim my 21 yr old he was in collage in 2012 till june and has made more then $3800 Can i claim my 19 year old son who graduated in june 2012 and has made more then $3800 . he was a full time student for more then half the year.(graduated in June) can we also claim my step son who is 19 graduated in june 2012 amd has also ,ade more then $3800.

  197. my son is 39 years old. due to an injury at his last job, he moved back into my home in June of 2012. He has lived there since and only worked a couple of months. We have supported him almost completely. He has not been eligible for un-employment. My co-workers are saying that I can file head of household and claim him as a dependent. Is this true?

  198. My Son turned 19 on July 21st. He entered the US Air Force Basic training on June 4th. Before that he was living at our home and working. He did make more than $3700. Can we still claim him? He is now stationed in England as of 11/5

  199. My son has not worked for 2 years..my husband and I have totally supported him. He is 41 years old..I know I can claim him, but he owes Federal and State government back taxes..if I claim him will his tax problems become my problems with claiming him?

  200. i have a question- can i claim my 13 year old daughter on my taxes? i get disability benefits & i dont pay any taxes on them. can I claim her on my property taxes too?

    • My daughter is 22 years old working part time gross income is $9720 ..and who is also attending college will I be able to claim her on my income tax

  201. I was a full time student back in 2012 and I made over $10,000 gross income in that year. My parents did not provide more than half of my expenses.

    Can they still claim me as dependent.

  202. My fiance and her child age 5 have lived with me under my 100% care for 2 years now. We had a child last year. Would it be possible to claim all three under Head of household seeing how the five year old would be a direct descendant of my newborn?

  203. me and my boyfriend been living together most of 2012 and I been unemployed most of the year jumping job to job he had is job all year and paids most of the bills can he claim me on his 2012 taxes?

  204. Hi Lisa,
    Our 18 yr daughter joined the Navy and left for basic in July 2012. I am trying to find out if I can claim her as a dependent for the 6 months before she left.

  205. my boyfriend losted his job at the begining of the year. and i pay all the bills. we are under 25. in flordia am i allowed to claim him on my taxes we lived together for three years.

  206. Hello, I was wondering since i made over 3800 last year in 2012, can i file my 1040 ez and can my dad claim me on his taxes since i started school as a full time student in january 2013 and now do not work? My father does now finantially support me.

  207. Hi my girlfriend and i had a child, they both live with me, i support both of them fully she hasn’t work and she’s 22 so can i claim her? if so what tax credits am i eligible for? and how do i go about claiming her

  208. Can I claim my boyfriend if he has only worked weekends for 3 months he made less than 2000 but i have supported him for the entire year. He gets paychecks but his company does not take taxes out meaning he will have to pay it back. Am i still able to claim him??

  209. Hi,
    I am 19 years old, I worked in 2012 and made approx $10,000, not sure yet beacuse I have not recieved w-2 from all 3 employers. My question is…I am pretty much the sole caretaker of my father. I pay his power bill, repairs, etc. (Over half of all expenses) in his home..would I be able to file as head of household and claim him as a dependent? He is not disabled. He hasnt worked any all year neither. If not, what would be the best way to go about it? THANKS

  210. Hi Lisa,
    I am 21 years old and have lived home for the entire year. I make over $30,000 and support myself except I do not pay rent. My mother wants to claim me, but I think I should claim myself since I pay for everything, except rent. Am I able to claim myself?
    Thank you,
    Ava Kelly

    • Hi Ava,
      Yes, you should take your own exemption since you provided all of your support. If you provided over half of your own support as a “qualifying child” or your mom didn’t provide over half of your own support if you are considered a “qualifying relative” under age requirements she would not be able to claim you.

      Thank you,
      Lisa Greene-Lewis

  211. My daughter is 18 a full time student in college she has a part time job and made 10,090.00 last year. She lives with her father and I we pay for everything for her including her college can we claim her on our taxes as a dependent this year.

  212. Hi Lisa,

    I am a 22 year old who is currently working full time and living with my parents at their residence. I made around 9000 or so but have only worked a semester (Spring 2012) during the 2012 school year at a university. Can my parents claim me as a dependent on their taxes? (They did not claim me as a dependent for 2011 on their taxes but want to know if they can for 2012?)*

    Just wanted to clear this out because Turbo Tax asks whether someone CAN claim me as a dependent even if the don’t. It says that I must answer YES even if they don’t. So can I be considered a dependent?

  213. Hi lisa I am 17 years old with a child i am not emancipated . Can my 19 year old boyfriend/ father of my child claim me on his taxes we have been living together for the past 2 years .

    • Hi Monica,
      If either one of your parents was required to claim you through a court document like a custody agreement they would be able to claim you. If not your boyfriend could claim you as long as he:
      - Provides over half of your support
      - You did not earn over $3,800
      - You are a U.S. Citizen or National, U.S. Resident Alien, or resident of Canada or Mexico
      - You lived with him the entire year
      TurboTax can help him when he files his taxes and don’t forget we have CPAs here that will answer his questions for free.
      Thank you,
      Lisa Greene-Lewis

  214. Hi, my 21 year old cousin has lived with me since December of 2011. He only earned $3,000 in 2012 and did not work in 2011. Can I claim him as a dependent?

  215. My boyfriend has lived with me since the middle of 2009, he got a job in 2011 and worked for only 3 months. hasn’t had a job since up until December of this past year. I didn’t ever claim him on my taxes even tho I fully supported him and paid all the bills. Can I claim him on my taxes and if so can I claim him on the years I didn’t claim him because I was unaware if I could or not?

  216. Hi Lisa,
    I am an international student from Mexico who had a work permit last year. My brother is an international student from Mexico and is a full time student. Can I claim him as a dependent? He has been living with me for the past year and made less than $3,000. I paid for most of his bills.
    Thank you

  217. Hi, me and my girlfriend just had a newborn on 12/30/12. we are not married nor do we live with eachother because i work in a different city. she makes about 30k/yr and i made almost 80k this year. We are not separated, and i help provide for my newborn. Our newborn is under her health
    insurance, and we are not sure if we can both claim the child or can she only claim our child because she is on her health insurance?.

    Thank you,
    Mark Sanchez

  218. Hi Lisa,

    I was divorced in Dec. of 2008, and my divorce decree states, my ex can claim my son for 2008 and 2009 federal and state taxes, that I get to claim him commencing 2010 and every year thereafter. My son is a full time college student and does not work due to my ex stating he doesn’t need to while he is busy in college. I have claimed him on my 2010 and 2011 taxes and am ready to file for 2012, except suddenly my ex wants to claim him this year. Can he even if the divorce decree states that I get to?

    • Hi Lisa,
      The divorce decree takes precedence in these situations so you would be able to claim your son if you provided over half of his support.
      Thank you,
      Lisa Greene-Lewis

  219. Lisa, Still waiting for an answer per my question above. “Qualifying Children” have to live with their parents for more than half the year, but if they are not in the home because they are getting an education then you can claim them. In reviewing the info at the IRS site, it seems to say that Living at school/college is considered a temporary absence from the residency requirements and that we would be able to claim him, if all other dependency criteria is met. Am I reading and understanding this correctly? Thanks, Jacob

  220. My daughter is 16 as of 10-2012 and is a full time High School student. It is my understanding that we cannot claim her this year on our taxes…is this true?

    • Hi Rhonda,
      You can claim her as long as:
      - She lived in your household for more than half the year.
      - She did not provide over half of her own support.
      - She was a US citizen, US national, or resident of Mexico or Canada
      Not sure why you heard that unless she doesn’t meet these tests unless someone else is claiming her.
      Thank you,
      Lisa Greene-Lewis

  221. I am a full time student. I’ve made $15,000 this year by working. I am 21 years old. I live with my mother who lives with her parents. However I’ve provided majority of my support. Can my mother claim me as an dependent?

    • Hi Chris,
      A parent can claim a full-time student under the age of 24, however it doesn’t sound like you meet the support test. A child cannot provide over half of their own support if a parent wants to claim them.

      In addition, if you made over $15,000 you need to file your taxes and if you claim your exemption of $3,800 for yourself it may help your tax refund.

      Thank you,
      Lisa Greene-Lewis

      • My son is a full time student, works and has been renting an apt. with friends since August. He has made approx. $10,000.00 this year. Can i claim him since he did not have the apt. until August.
        Thank you

    • Hi Sarah,
      If you both work they most likely will not be able to claim you since your income is probably more than $3,800 taxable income.

      Thank you,
      Lisa Greene-Lewis

  222. My son and daughter are both in college full-time and I am supporting both of them. Neither of them works. However, they both live away at school more than half of the year. Can I still claim them as dependents?

    • Hi Stuart,
      Yes,as long as they meet the other test included on the post. They must meet:
      -The citizenship test
      -The gross income test – Their gross taxable income cannot be more than $3,800 for the year.
      -If they are under 24 and a full-time student they would be considered your “Qualifying Child”, if they are over 24 they would be considered your “Qualifying Relative”.
      “Qualifying Children” have to live with their parents for more than half the year, but if they are not in the home because they are getting an education then you can claim them.
      Thank you,
      Lisa Greene-Lewis

  223. I brought my niece to live with me in august of this year. She receives ssi and her grandmother wants to claim her for the time she lived with her and then said I could claim her for the rest of the year. How does this work? She is 15 and receives sociall security benefits as well. Please advise. Should I put her on our taxes or just wait until next year.

    • Hi Amanda,
      Since she is a “qualifying relative” she would be considered your dependent if:
      -You provided over half of her support
      -She didn’t receive more than $3,800 in gross taxable income
      -She meets the citizenship tests
      -She cannot be claimed as a dependent on anyone elses tax return
      I hope this helps you.
      Thank you,
      Lisa Greene-Lewis

  224. STILL WAITING FOR A RESPONSE! I live in the US and my fiancé, Mandy, and her 5-year-old daughter, Cisca, live in South Africa. Mandy and I have been together over a year-and-a-half and are getting married with the “Fiancé Visa” on April 27, 2013. Mandy and her daughter Cisca will be moving to the US with me after we get married in South Africa. I consider Cisca as my own daughter now and have been supporting her all year by sending her money for food, school, clothes, and other of life’s essential items via Western Union. Can I claim Cisca on my 2012 tax return?

    • Hi Brant,
      Unfortunately you will not be able to claim her, because she did not live with you the entire year. If you support someone who is not a relative they have to live with you the entire year in order to claim them. Hopefully you will be able to claim her in the future when she lives with you all year.

      I hope this helps you.

      Thank you,
      Lisa Greene-Lewis

  225. We allow my 63 year old aunt to live in a house we own -rent free. She has no income (no social security- she has a very small saving that she uses to buy some food and pay the utilities- although we sometimes help out with those). We could be renting out the house for $900+. Can we claim her as a dependant?

  226. I was wondering if I can still use my child as a dependent on my tax returns: Here’s the facts:
    - Child is a full time student living in another state
    - Child is 21 years old
    - Child can not be claimed by anyone else
    - Child meets the income and citizenship test
    - Child does NOT support himself/herself, we do, as we pay tuition, housing, food, etc..

    Here’s the tricky part:
    To attain capabilities for in-state tuition (outside of state that parents reside in), child attained residency by:
    - working part time job in state. Income < $3500
    - Obtained drivers license in new state
    and for School tuition purposes, is now a resident of that state.

    Of note: School does NOT require parents to not claim child as a dependent on their returns (as some other schools do).

    Can we still claim our child as a dependent…

    Thanks

    • Hi Jacob,
      Your child is still considered your “qualifying child” since he is under the age of 24 and a full-time student, however as a “qualifying child” he doesn’t meet the residency requirements of living with you for more than half the year so you will not be able to claim him.

      I hope this helps you!

      Thank you,
      Lisa Greene-Lewis

      • Hi Lisa,
        Thank you for your response. In reviewing the info at the IRS site, it seems to say that Living at school/college is considered a temporary absence from the residency requirements and that we would be able to claim him, if all other dependency criteria is met. Am I ready this correct? Thanks, Jacob

      • Lisa, Still waiting for an answer per my question above. “Qualifying Children” have to live with their parents for more than half the year, but if they are not in the home because they are getting an education then you can claim them. In reviewing the info at the IRS site, it seems to say that Living at school/college is considered a temporary absence from the residency requirements and that we would be able to claim him, if all other dependency criteria is met. Am I ready this correct? Thanks, Jacob

  227. What would be more beneficial? My mother in law has been living with us for the past 4 years. I never claimed because she was receiving income from me at $800 per month for babysitting. And in the prior years she did do her own taxes and had to pay back the government. This year she would have received a total of $6400 but I support everything else in her life. Should I just claim she received $3700 or less or should I just avoid all together and let her claim her own taxes.

    • Hi Max,
      You and your mother have to claim the amount she was given if you are paying her. If you decide to pay her less than $3,800 for 2012 then you would be able to claim her as a dependent and she could also file her own taxes. She just would not be able to claim herself if you also claim her.

      Thank you,
      Lisa Greene-Lewis

  228. Hi miss lisa, i live with my friend for more than 6 months with my son. I moved to south carolina from california to find a job. Unfortunately i cannot leave my son since i dont have any relatives here or a friend rather than my friend who i live with can watch my 2 year old son. I applied for foodstamps and waiting for their reply if i got approved or not. Can my friend claim me and my son as his dependent? He’s divorced and is claiming one of his children. When i was in california , we lived with my aunt, she claimed me and my son. And received 2k. What can i do so i can get a tax return? I soon need money for my son when he goes to pre school. Thank you hope iget a response asap. God bless.

    • Hi Angel,
      Relatives can claim other relatives on their taxes if the relative lives out of the home, however in order to claim someone who is not a relative (a friend) they must live in the home the entire year. Unless you lived with your friend the entire tax year, he cannot claim you as an dependent. In addition, he would have to:
      - Provide over half of your support during the tax year.
      - Dependents (you) must be U.S. citizen, U.S. resident alien, U.S. national or resident of Canada or Mexico for some part of the year.
      - Dependents must have earned under $3,700 in TY2011 and $3,800 for TY2012.
      If you earned income you can file a tax return even if it doesn’t meet income requirements necessary to file. You may still be able to get a tax refund as long as you supported your child and you were not claimed as a dependent on someone elses tax return.
      Thank you,
      Lisa

  229. I live on my own but my dad stays with me. I support him more than 50% and he lives with me 100%. My question is…on my paystub, I currently claim 1 and head of household. Can he also claim 1 or does he need to claim 0? If he wants to continue to claim 1 (so he can get more of his money during the year), what should I claim so I do not get into any trouble come tax time. I want to make it right now so I won’t have to worry later. Your advise is greatly appreciated. Thank you.

    • Hi Susan,
      The exemptions you are both claiming relate to the money that is deducted from your paycheck to pay taxes. These exemptions are claimed on a W-4 which is given to your employer so they know how much taxes to deduct from your paycheck and they do not impact you claiming him as a dependent on your taxes if you support him and are planning on claiming him. If you do claim him as a dependent on your taxes he will not be able to take a personal exemption for himself. He can, however, still claim 1 on his W-4, which is for deductions on his paycheck. You can also claim 1 exemption on your W-4. Regarding your question on how much should you claim on your W-4 so you don’t get into trouble depends on how many tax deductions and credits you have. You can use our W-4 salary calculator or our tax calculator to estimate how much you should claim. Here is the link http://turbotax.intuit.com/tax-tools/
      Thank you,
      Lisa Greene-Lewis

      • When you say he will not be able to take a personal exemption for himself, do you mean that he can’t file his taxes? He doesn’t file right now because he doesn’t make much. So yes, I do plan on claiming him. I looked at the calculator you suggested but I would need to enter in info about stuff I do not have yet. I don’t have any children, I am divorced, and he is the only one who lives with me. I am just hoping I am able to claim 1 and he can claim 1 without having to owe in back taxes because we both claim 1 and I am also stating head of household. I will also be claiming him. I am sorry to re-ask but I would just like to confirm and understand. Thank you very much for your reply.

      • Hi Susan
        If you claim your father as a dependent on your taxes he would still be able to file he just would not be able to claim the exemption for himself on his taxes since you are claiming it. The exemption for a dependent for 2012 is $3,800, which is the amount you will be able to deduct for him so he cannot deduct it again on his tax return. If you claim head of household you will need to claim a dependent(your father) in order to be eligible for head of household so yes you will be able to claim him.
        I hope that helps you!

        Thank you,
        Lisa Greene-Lewis
        http://blog.turbotax.intuit.com

  230. I am 26. My boyfriend is 37. I have an (almost) 5 year old from a previous relationship. My boyfriend has a 13 year old from a previous relationship. My boyfriend was laid off from work and has $0 income for 2012. I support him 100%, including making his child support payments… It is his year to claim his daughter on taxes. Would I be able to claim my son, my boyfriend, and my boyfriends daughter on my taxes as dependants?

    • Hi Stacey,
      You will be able to claim your son if:
      - He lived with you more than half the year
      - He did not provide more than half of his own support
      - He could not be claimed by anyone else
      - He met the income and citizenship test
      You will be able to claim your boyfriend if:
      - Your relationship does not violate your state law
      - He lives with you the entire year
      - You provide over half of his support
      - He did not earn more than $3,800 in 2012
      - He meets the relationship test
      You would only be able to claim his daughter if:
      - She lived with you the entire year
      - She is not a qualifying child of someone else
      - You supplied over half of her support.
      - Her parents are not required to file a tax return
      - She doesn’t earn over $3,800 in 2012
      - She meets the citizenship test
      - She cannot be claimed on anyone elses tax return
      You would not be able to deduct the actual child support as that is not deductible.

      TurboTax will ask you the necessary questions to give you the appropriate deductions. In addition, if you have further questions when you file your taxes we have tax experts available to answer your tax questions for free.
      Thank you,
      Lisa Greene-Lewis
      http://blog.turbotax.intuit.com

  231. My husband and I are both on social security, what happens if he claims me on his taxes? Will he or I lose any of our social security?

  232. I am 21 years old. I just recently moved out of my parents home, but was living with them for 6 months of this year. I am not a full time student though, only part time. But I will be full time for the next years taxes. Can they still claim me? or do we have to meet every test in order to be claimed. if so, what do students do who are full time students, under the age of 24, but living on campus? Can they still be claimed? I need to be dependent because of a scholarship I need, so that is why I am asking.

  233. can i get the benefits of my boyfriend who is canadian citizen if something will happen to him we are staying almost a year but my annulment is still processing here in the Philippines.

  234. I have 2 daughters age 19 and 20 both are full time students but both are getting married at the end of the year can I claim them even though they are married now.

    • Hi Sandra,
      Your daughters may meet the qualifications for “qualifying child” since they are full-time students under the age of 24, however they must have lived with you for over half the year (there are exceptions for education, business, military, or illness), and they must not have provided over half of their own support. In addition, you cannot claim them if they file joint tax returns with their spouses(there may only be an exception if they file a joint returns with their spouses to claim refunds for taxes taken out of their checks)
      Thank you,
      Lisa Greene-Lewis
      blog.turbotax.intuit.com

  235. I worked this 2012 year and my baby is due january 17 of next year. Could I claim him/her as a dependant

    • Hi Keyshia,
      You will be able to claim her as a dependent on your taxes for the year she is born which will be your 2013 taxes and not on your 2012 taxes.
      Thank you,
      Lisa Greene-Lewis

  236. Hi Lisa, I have always claimed my daughter on my taxes. She is 19 and now a full time college student. Before she was eligible for FAFSA and the other many benefits. Now my income has increased. Her dad takes and care for her as well as I do, but don’t make as much money as I do. Can he now start to claim her?

    • Hi Lesley,
      He may be able to claim her. In most cases, because of the residency test, a child of divorced or separated parents is the qualifying child of the custodial parent. I am not sure if you are the custodial parent of your daughter or her father, but the noncustodial parent could claim her if all of the following are true:

      -You are divorced or legally separated under a decree of divorce or separate maintenance, are separated under a written separation agreement, or lived apart at all times during the last 6 months of the year, whether or not you are or were married.

      -Your daughter received over half of her support for the year from both of you.

      -Your daughter is in the custody of one or both parents for more than half of the year.

      – and either of the following statements is true.

      The custodial parent signs a written declaration, that you will not claim the child as a dependent for the year, and the noncustodial parent attaches this written declaration Their tax return.

      A pre-1985 decree of divorce or separate maintenance or written separation agreement that applies to 2011 states that the noncustodial parent can claim the child as a dependent, the decree or agreement was not changed after 1984 to say the noncustodial parent cannot claim the child as a dependent, and the noncustodial parent provides at least $600 for the child’s support during the year.

      TurboTax guides you and handles these questions. For more details please see IRS publication 501
      http://www.irs.gov/publications/p501/ar02.html#en_US_2011_publink1000220886
      Thank you,
      Lisa Greene-Lewis

  237. i was woundering if I am a full time student in college would i be able to file taxes for my 3 children or do i have to have a job. i wasnt sure if i was a fulltime coolege student if i could file taxes.

    • Hi Tiffany,
      I think you are trying to figure out if you can file taxes and claim your three children if you are a college student. You would be able to claim them on your taxes as long as they can be considered a “qualifying child”, however if you didn’t have any income I’m not sure why you would need to file a tax return. If you do have any income then you should file your tax return.
      Thank you,
      Lisa Greene-Lewis

  238. My wife just started up a cuppycake business. Don’t think she’ll make that much in a year, or just over half a year, but how much is she allowed to make before having to claim it on taxes? We live in Virginia.

    • Hi Rich,

      You’ll have to report any amount of money that your wife makes from her new business as income on Schedule C. The good news is that the amount of taxable income will be reduced by the expenses she has from the business, so be sure to keep close track of what she’s spending for the business. If she makes more than $400 after deducting business expenses then she will also need to pay Self Employment Tax.

      For Virginia, you’ll just take the amount of Adjusted Gross Income from your Federal return – which will include any profit after expenses from your wife’s business – and put it on your Form 760, line 1. This is the same starting point for figuring your Virginia Individual Income Tax as you would have used before your wife started her business and there is no separate Self Employment tax for Virginia taxpayers.

      I hope this helps.

      Thank you,
      Denise Elliott

  239. My ex-husband wants to claim our 7 year old son as a dependant on his taxes for the year 2013. I have been claiming our son since our divorce in 2009. I carry all of my son’s health insurance through my company plan. If my ex wants to claim our son, does he have to carry the medical insurance? I realize I will not be able to sign up for the dependant care account since my ex will be claiming him.

    Thank you,
    Shelley

    • Hi Shelley,
      No he does not have to carry the health insurance. Your son just can’t supply over half of his own support and must meet the other test in this blog post.
      Thank you,
      Lisa Greene-Lewis

  240. i have two children that are not living with me and my mom is their legal guardian. is there any way i can claim them on my W-4? i know i will not be able to claim them for EIC but i do support them but not more than half. i currently am claiming 1 for myself and 1 for having only one job. will i be able to claim 1 or 2 more for them? or what can i do as far as getting a tax break

    • Hi Diana,
      Claiming the exemptions on the W-4 will not have an impact on your mom claiming them as dependents on her taxes. The exemptions on your W-4 will reduce the amount of taxes taken out of your paychecks, which will have an impact on your tax liability (how much taxes you owe). If your mom is the legal guardian and they live with her she will be able to claim them as dependents on her taxes.
      Thank you,
      Lisa Greene-Lewis

      • as of right now, she is not claiming both of them. my parents have young children she is claiming for EIC and dependents. Therefore my children are not on her taxes. But what i want to know is can i claim them as exemptions on my w-4. because i do support them but now more than half, i want to know if i can claim one more exemption on my w-4 without affecting my tax liability?

      • Hi Diana,
        Yes you can claim them as an exemption on W-4, but if you increase your exemptions on your W-4, you’ll have more money each paycheck which means you may pay more taxes when you file your taxes. Claiming more exemptions could be a good choice if you usually get a large refund each year and would rather receive that money in your paycheck each pay period.

        Thank you,
        Lisa Greene-Lewis

  241. Hi Lisa:

    My daughter is under 24 but graduated from college in May 2011. I paid tuition fees and all her upkeep for most of the year till she started working in Oct.

    Can I claim her as a dependent child?
    If I cannot, will I be able to take the tuition credit?

    Please respond as I need to file my taxes

    • Hi Florence,
      If she was a full-time college student for at least 5 months and under 24 and met the other qualifications in this blog then you can claim her as a dependent child. In addition, the only way you can claim an education credit is to claim her as a dependent.
      Thank you,
      Lisa Greene-Lewis

  242. I have a couple questions regarding dependents.

    Question 1: My wife left her job last July to go back to school full time. She will most likely not work throughout the year. Is it more beneficial to claim head of house hold or joint as we have in the past?

    Question 2: Her brother is graduating this year and will be going to school in our town(1.5hrs from his parents). He has asked to live with us. Due to my wife not working we are already under financial strain, and are concerned with him moving in. Will I be able to claim him as a dependent if he is full time under 24? It sounds like he meets the test, but do we take precedence over his mother since he will be living with us all the time?

    In either case should I expect the normal tax break for both of them?

    • Hi TJ,
      In order to claim head of household you must be unmarried or “considered unmarried” on the last day of the year. See IRS pub 501 to see what is meant by “considered unmarried” http://www.irs.gov/publications/p501/ar02.html#en_US_2011_publink1000220775. It sounds like you may have to file married filing jointly if you are not unmarried or considered unmarried.

      Regarding your wife’s brother, you may be able to claim him as a “qualifying relative” as long as he doesn’t make over $3,800 for 2012, $3,700 for 2011 and he meets the other qualifications per the blog post. TurboTax will ask you the appropriate questions if you qualify for the deduction.

      Regarding your wife, you cannot claim your spouse as a dependent, but you still will get an exemption for her if you file married filing joint.

      Thank you,
      Lisa Greene-Lewis

  243. I receive SS disablity, my 11 yr old son also revieves SS due to the fact that I get SS. I am divorced and am the custodial parent of my 11 yr old Son. My ex has claimed him for 2 yrs. He said it wouldn’t help me financially to claim him because we get SS. I think otherwise. Would I get a bigger refund if I claimed my Son? I think I would but need a professional opinion before I spend money taking my ex back to court.

    • Hi Lynne,
      If social security income is the only income you receive then it is most likely not taxable income so claiming your son may not be beneficial. There are credits like the Earned Income Tax Credit that taxpayers are often eligible for although they do not have any tax liability, however in order to claim Earned Income Tax Credit you have to have income earned from working.
      Thank you,
      Lisa Greene-Lewis

  244. I am 19. I lived with my mom all year. I didn’t go to school at all. 3 made over 5k last year. I paid for all my food and everything except rent. Helped around the house to cover rent. I live in iowa. Can my mom claim me as a dependent?

    • Hi Nick,
      Unfortunately because you don’t meet the age requirement for being a “qualified child” and you made too much to be claimed as a “qualifying relative (over $3,700)”, she cannot claim you.

      Thank you,
      Lisa Greene-Lewis

  245. Dear TurboTax,

    I’m wondering if I can claim a deduction for my girlfriend who has lived with me for the last 12 months. I have provided the majority of her support during that time. There are 2 twists, however. In 2011, she lived w/ me for 8 months (still lives with me). The 2nd twist is that she has been separated from her current husband for 2 years, but is still legally married, and won’t be divorced until later this year.

    • Hello Doohas,

      Since your girlfriend is not related to you, she would need to have lived with you for 12 months in 2011 in order to be claimed as your dependent. If she lives with you all 12 months of this year (2012) and otherwise meets all of the dependency rules, you will be able to claim her as a dependent on your 2012 tax return.

      Thank you,
      Denise Elliott

  246. My dad has lived with me the past 3 years. He receives disabiltiy benefits through the VA (non-taxable). He has not filed any taxes for himself sense he has no income. I was told I could claim him as a dependent. If so, can I also go back to 2009 and 2010 and ammend my taxes to add a dependent???

  247. Hello,

    I and my daughter use TurboTax to prepare our taxes.

    My daughter is 23 years old, she attended college for at least 5 months in 2011 and I supported her financially 100% during 2011.

    So, I declared my daughter as a dependent on my 2011 tax return.

    My daughter prepared her own return declaring herself as a dependent (the government owes her $600). She filed electronically via TurboTax. The next day she got an email from TurboTax stating that the IRS rejected her return becuase somebody else already filed a return declaring her as a dependent.

    All said, we come out ahead if ***I*** use her as a dependent versus my daughter declaring herself as her own dependent.

    My questions are:

    1.) Should she just re-log back into TurboTax and check the box that states: “Somebody else is declaring me as their dependent” – and then file electronically?

    2.) Does the fact that she attempted to file the return declaring herself as a dependent even though I already filed a return declaring her as my dependent increase the chances of me being audited?

    3.) If she files and checks the box: “Somebody else is declaring me as their dependent?” does that increase the chances of me being audited?

    My thinking is that I could just give her the $600 and she could refrain altogether from filing (since the IRS owes her money – why should they care if I pay her what they owe her).

    Or, She could file checking the box that states: “Somebody else is declaring me as their dependent”.

    What would you recommend given that we want to minimize the possibility of an audit and maximize the financial benefit to both my daughter and to me.

    Thank You!

    Sincerely,

    John

    • Hello John,

      It would be simplest all around (and won’t affect anyone’s audit risk) for your daughter to sign back into TurboTax, check the box for “Someone else can claim me as a dependent”, then file electronically. If she is not required to file for any reason other than to get back the money she had withheld from her wages, then your plan to give her the money yourself without her having to file would work, too.

      Thank you,
      Denise

  248. My son is 20 years old and permanently disabled and I am his legal guardian. He does attend a “transition” school through our high school district full time. Can I claim him? And where do I put in the info that he is disabled and in school full time?

    • Eva,

      If you go through the Turbotax product, in the “Personal Information” section, it will ask the following question “Do you have children or financially support someone?” In this area, you will be asked questions about your son, his age, social, if he lived with you all year, if he was disabled, etc. After answering all of these questions, TurboTax will determine his deduction.

      As far as the education, this deduction is located in the Federal Taxes Tab, Deductions and Credits sub tab, under the Education Topic. If you follow along the interview, the product will ask you if anyone on the return, including your dependents, when to school.

      Thanks,
      Vanessa

  249. My youngest daughter turned 17 on December 21st, 2011, my oldest is 22 and was a student for five months. I am not getting a Child Tax Credit at all in my software. They said she had to be under 17 by the end of 2011. Is this true, I can’t get any deduction for supporting both my children? AGI 44,500

    • Hello Diane,

      From what you’ve said, you’ll be able to claim both of your children as dependents on your return, which will amount to a $3,700 reduction in your taxable income for each child.

      The Child Tax Credit applies only for children who are under age 17 at the end of 2011, so since both of your children were 17 or over, you no longer qualify for that credit.

      Thank you,
      Denise

  250. On the W4 form at work, they told me i could put down 1. I still live with my parents who claim me as a dependent. Can you explain how i can be a dependednt and claim myself at the same time. My mom says its normal but its sounds odd to me

    • Hello Jen,

      The number of exemptions that you can claim on Form W-4 is separate from how you will file your personal tax return.

      The exemptions on your W-4 tell your employer how much money to withhold from your paycheck and one exemption might be the right choice for you in that instance.

      On your personal tax return, if your parents will claim you as a dependent then you’ll need to check a box to indicate that fact and you will not receive a personal exemption for yourself on your return.

      Thank you,
      Denise

  251. Hi Lisa,

    Per the comments above, my boyfriend would qualify as a dependent. But do I file Single or Head of Household?

    Thanks!

    • Hello Tiffany,

      If your boyfriend meets all of the requirements to be considered your dependent then you would need to file Single with a dependent (your boyfriend).

      Thank you,
      Denise

      • Hi Denise,

        Thank you for your response! He was a full time student last year- getting his Masters- and couldn’t work because of this! He’s paid alot out, but no schlorships. We’ve lived together for the last 2 years- so I can help him thru all this. But I never thought I could claim him (until I saw this blog!)..Thanks for the help!

  252. My ex-husband claimed my son as a dependent. My son is 20yrs old, made over $12,000 in yr 2011, he was a full-time student (graduated Mar 2012) His father contributed $3000 to school interest loans, allegedly, and also had him on his health insurance plan. Not more than $12,000 was given to him to help support him while going to school. Should my son be allowed to claim himself? As it stands, he paid $600 federally and $500 state income taxes, based on his father completing his return with turbo tax.

    • Hello Kathy,

      If your ex-husband provided more than half of your son’s total support/expenses (rent, utilities, food, health insurance, etc) for the year then your ex-husband is entitled to claim your son as a dependent. If he did not then your son should be able to claim a personal exemption for himself on his own return. (If your ex-husband has already filed for 2011 then he would have to file an Amended return and that return would have to be accepted by the IRS before your son could file his own return with himself as a personal exemption.)

      Thank you,
      Denise Elliott

  253. I have a sister that is not working with 3 children that have been living with me for 8 months. Babies have chips (insurance) and she gets food stamps. Can I claim them as dependents?

    • Hi Sylvia,

      You can claim them if they meet all of the following:

      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.

      TurboTax will guide you through this by asking you a few questions and then will let you know if they qualify based on your specific tax situation and why.

      Hope this helps!

      Ashley

  254. I am filing 2009, 2010 & 2011 returns for our daughter, she did not owe any money and is due a refund from all 3 years, her status is single and can be claimed as our dependent (already covered in a previous post from you), should I send all 3 of her returns together with our 2011 return or do they need to be mailed separately? Thank you!

    • Hi Shannon,

      All of her returns need to be mailed separately and separately from yours.

      Ashley

      • Thank you! I am glad I asked because I would have mailed them all together for easier reference.

  255. My friend family arrived from the Philippines last year with his wife and 3 kids ages 23 21 and 19, the question is can he now ammend the tax ammendment from his last 3 years or refiled his fincome tax as his dependents even they are not here in the USA from 2008 to 2010?

    • Hi jessie a angeles,

      Did you friend file a tax return in the US from 2008-2010?

      Keep in mind that in order to claim a child as a dependent, they must live with you for more than half the year.

      Ashley

  256. My son is 19 years old. He graduated high school in 2011 and began working a full time job in October, 2011. He filed his own tax return. Can I claim him as a dependent being that I took care of him for 10 months of 2011? I already submiited by own tax return. If the answer is yes can I submit some sort of amendment to my tax return to add him as a dependent? Thank you.

    • Hi Patricia,
      If he filed his own tax return and claimed himself as an exemption, you will not be able to claim him. In addition, unless he was a full-time student for 5 months he would qualify under the “qualifying relative” rules so he could not have earned over $3,700.
      Thank you,
      Lisa Greene-Lewis

  257. My daughter is 24 she was a full time student for 5 months last year ( jan-may) and turned 24 in October of last year. May i still claim her as a dependent?

    • Hi Miguel,
      Because your daughter was no longer under 24 in 2011, she would not be considered a “qualifying child”, however you could still claim her as a “qualifying relative” as long as you provided over half of her support, she did not earn over $3,700, and she meets the citizenship rules.
      TurboTax will walk you through all of the necessary questions to determine if you are eligible to claim your daughter.
      Thank you,
      Lisa Greene-Lewis

  258. Hi Lisa–
    We support our two sons 100% college cost including their apartment, but they don’t live at home. I am separate, so can file Head of household and would take one son as dependent?

      • Hi–Thank you so very much for your prompt reply. Yes, I have been using Turbo tax forever (:.

        Thuy

      • Hi Lisa-
        I definitely have to file extension as HOH but was wondering if the IRS would allow me to change my filing status to something else such as Married joint when I file the actual return. Thanks.

        Thuy

  259. I have living with my aunty of october 2011 and she wants to put me on her taxes and claim me as a dependent; i just turned 18 in March and it has only been 4months since living with my aunty. i have not worked for the past couple years and was enrolled as a full time college student as of janurary. I was wondering if she can is eligible to do so ?

    • Hi Felicia,
      She can claim you as a “qualifying relative” as long as she provided over half of your support, you meet the citizenship rules, and no one else claimed you as a dependent.
      Thank you,
      Lisa Greene-Lewis

  260. Hi -
    My boyfriend has own house but has been unemployed for the last year so has been living with me to save on utilities, etc. I have provided most of the support at my house for the last year (food, clothes, lodging, etc). I have been told I can claim him as a dependent because he is living with me even though he still pays the bills for his house. The question is, how would I ever prove he lived with me for the last year if his mail is still delivered in his town and he’s never changed his address? I’m wondering what the IRS would require as proof? Thanks.

    • Hi Lynette,
      The IRS will accept the following with your address as proof:
      - Car registration
      - Utility Bills
      - License showing the address
      - Voters registration
      - Car Insurance
      - Bank and employment records
      - Proof that the mail service delivers mail to your boyfriend at your address.
      Thank you,
      Lisa Greene-Lewis

      • Hi Lisa,

        Thanks for the response. I guess I’m out of luck on claiming him then since he never changed his address on anything. It’s tough to claim him as a dependent if I can’t physically prove he lived here since I don’t have any of those items. Oh well. Thanks.

  261. Hi,
    I am currently married under a discrete marriage lisense but my wife does not live with me she still
    Maintains residency with her mother and I am not providing for her. She is 21, a full time student, works part time and her mother still provides for her. Can her mother still claim her as a dependent if I don’t?

  262. According to the above my boyfriend would qualify as a dependent. If I claim him as a dependent this year would it make me liable for any of his back taxes or debt incurred prior to this year?

    • Hi Lynn,

      No, claiming someone as a dependent does not make you responsible for any back taxes they might owe.

      Hope this helps!

      Ashley

  263. Hi,

    My husband has an llc and is an s corp
    as self employed. He was an s corp without
    the self employed where he would receive a
    pay check. That was 2 years ago is he allowed
    to go back to the s corp not being self employed

    • Hello Barbara,

      If I understand your question correctly, you are considering that your husband was previously self employed because he didn’t directly receive a paycheck for the work he did on behalf of the S-Corporation, is that right? If so, then the answer is that all S corporations should pay members a salary if they’re performing services for the LLC. If I’m not interpreting your question correctly then you can go to the TurboTax “Contact Us” page (https://turbotax.intuit.com/support/contact/), to access our Free Tax Advice. Do do this, click on “Preparing My Return”, then click on “Other”, then “I have a question about Tax Rules”. From the resulting page, scroll down and select which mode of communication you’d like to use to discuss your situation live with a tax expert.

      Thanks,
      Denise Elliott

  264. Hi – I hope you can help me….I did my 2 daughters’ tax returns via Turbotax, just like I’ve been doing and somehow this year I forgot to check the box indicating they can be claimed by my husband and me on our return so when I e-filed everything this morning, their returns were accepted but ours was rejected because of this error. We are running out of time now and I need to get my return filed – we are due a refund but if we can’t claim our kids, who are 19 and 17 and live at home, on our return, we will probably end up owing because we will lose the tax benefit of their dependent status. What do I do? Can I amend their returns to fix the dependent status?

    • Hi Theresa,

      Yes, you would need to amend both of your daughters’ returns to check that box and then you’ll have to print and file both on paper since amended returns cannot be electronically filed. Once their amended returns have been received by the IRS – you will need to call IRS to confirm – you can then file your own return. Since there is so little time before the filing deadline and it’s unlikely that a printed return would be received and posted to their accounts before Tuesday night, you should file an extension for now to give you more time to file the full return.

      Thank you,
      Denise Elliott

  265. Lisa:

    Our 20 year old daughter is a full time student and pays rent for 12 months there but comes home for several months in the summer. We do support her financially. Can we claim her as our dependent and can she file her on 1040 EZ?

    Thank you so much.

    • Hi Cheri,

      Based on the information you provided, it sounds like you daughter does not meet the residency test. TurboTax will guide you through this, let you know whether she qualifies and why or why not.

      Hope this helps!

      Ashley from TurboTax

  266. I have a daughter that turned 24 in October 2011. She is a full time student, living at home and works part time. She made $11,486 last year. Can I still claim her on my tax return?

    • Hi Sam,

      It doesn’t sound like you will be able to claim her due to her age and income. TurboTax will walk you through this in product, let you know whether she qualifies and why or why not.

      Hope this helps!

      Ashley from TurboTax

  267. I’m 21 years old, a full-time student, and I am married. My father wants to claim me as a dependent. Can he? And is it better to file seperate, or joint tax return with my spouse?

    • Hello Natalie,

      The Married Filing Joint status would probably be most advantageous for you and your spouse. If you choose that option then your father cannot claim you as a dependent (because you will be claiming exemptions for yourself and your spouse on your own, joint return).

      If you wanted your father to be able to claim you as a dependent then you and your spouse could choose the Married Filing Separate filing option and you would indicate on your return that you can be claimed on someone else’s (your father’s) return.

      Thank you,
      Denise Elliott

  268. This blog is fake because I asked my question 2 time with 2 reminder but no reply.

    If don’t trust just search on this page “manu”, u will find how many times I have asked my question.

    Total wate of time. Go away from this mess.

    • Mine was never answered either. I guess they just pick who they know the answer to and forget the rest.

      • Hi Susan,
        I replied to Manu and I apologize for the delay. I am the blog editor, but I try to answer as many questions as possible even though we have support with free tax experts available to answer your questions. Please let me know what your question is. I looked through all the questions on this post and I don’t see yours.
        Thank you,
        Lisa Greene-Lewis

      • I had a foster child that lived with me from 12/31/10 to 7/23/11. I also had her sibling living with me from 12/31/10 and is still living with me. The childs ages were 14 and 15. I claimed both on my tax returns and filed as head of household. My federal return did not let me file electronically as I think someone already claimed the 14 year old so I had to mail in my return with a statement from the DCF office stating the dates of placement with me. Did I do something wrong? Also, my state return got audited due to my EIC? Help

      • Hi Susan,

        TurboTax has an Audit Support Guarantee. You can call one of our tax experts and speak to a tax expert about the state audit letter you received.

        Ashley

    • Hi Manu,
      The blog is not fake. As you will see I have answered over a hundred questions just on this blog post alone. We are very busy so I apologize for the wait. I am the blog editor, but I try to engage with all comments even though we have free tax experts available to answer questions.
      Now let’s get to your question. Yes you can claim the dependent and childcare credit, however your credit is 20 – 35% of the amount you paid depending on your income and the amount in box 10 will also impact that amount so your credit will be limited to 2100 – 1800 = 300 x 20-35%.
      Thank you,
      Lisa Greene-Lewis

  269. can i still be claimed as a dependent if i work full time for the year and went to school full time the last two months, i also plan on going back to school full time in the fall?

    • Hi Danny,
      First it depends on your age. If you are under 24 and a full-time student and you did not pay over half of your own support, then you may be able to be claimed as a “qualifying child”. If you are over 24 and a full-time student you may be able to be claimed as a “qualifying relative”, however you could not have made more than $3,700 in 2011.
      Thank you,
      Lisa Greene-Lewis

  270. I am doing my grandmother’s taxes on TurboTax because she messed it up last year and ended up having to return her refund. I need some help so that the same thing doesn’t happen this year. She has live with her boyfriend for the past twenty years in his home. She works and makes about 50k and receives SS benefits of about 19k. He receives SS benefits of about 15k. Can she claim him as a dependent on her taxes?

  271. My 20 year old daughter lived with us for the 1st 8 months in 2011 before marrying in Aug 30, 2011 and was also a Full-time College Student during the year. She had a part time job earning 12,600 for the year, the both filed “Married filing separately” for 2011 and their eFiled return was accepted. We are trying to file (return rejected error: 0509) with her as a dependent and get the Earned Income Credit for her being a full time student. Neither of the claimed themself, we claimed our daugher and her husband’s parents claimed him. What do I need to do fix the error?

    • Hi Sharon,
      Unfortunately,Error Code 0509 means that Secondary SSN (SEQ 0030) was previously used as a Dependent’s SSN or as a Schedule EIC Qualifying SSN or as a Form 1040-SS (PR) Qualifying Child SSN on a previous or current return; or Dependent’s SSN was used as a Secondary SSN on a previous or current return; or Schedule EIC Qualifying SSN was used as a Secondary SSN on a current or previous return; or Form 1040-SS (PR) Qualifying Child SSN was used as a Secondary SSN on a previous or current return. Your daughter or someone must have claimed her social security number on her taxes. You would have to take her off your return as a dependent in order to file your tax return. If your daughter is positive she did not claim herself, you will have to contact the IRS to find out if someone else used her social security number.
      Thank you,
      Lisa Greene-Lewis

      • Yes, her SSN was included in her 2011 return AND her husbands return which they both indicated “Married filing separately” and took NO exemptions and NO education deductions. They both had to “mail” thier returns and they were processed fine. Her husbands return “Married filing separately” had her SSN listed, as stated before he did not claim her. Since I had to “mail” both their returns in because of “Married filing separately” to you think I need to “mail” ours in also in order for it to be checked?

  272. My wife works at the Venezuelan Consulate here in the US but her income is not taxable for US. Can I claim her as a dependent?

    • Hi Jamie,
      You cannot claim a spouse as a dependent, but you would get a personal exemption for her, which is the same amount.
      Joint return. On a joint return, you can claim one exemption for yourself and one for your spouse.
      Separate return. If you file a separate return, you can claim an exemption for your spouse only if your spouse had no gross income, is not filing a return, and was not the dependent of another taxpayer. This is true even if the other taxpayer does not actually claim your spouse as a dependent. This is also true if your spouse is a nonresident alien; in that case, your spouse must have no gross income for U.S. tax purposes.
      Thank you,
      Lisa Greene-Lewis

  273. Hello Lisa,

    I am doing my grandmother’s taxes and need some help. She lives with her boyfriend in HIS house for the past 20 years, there is no mortgage. She has a full time job making about 50K with 19K in SS benefits. He only has SS Benefits of about 15K so clearly she provided most of the support, >50%.

    Can she claim him as a dependent?

    I have researched this and do not know if the fact that it’s his house precludes her from claiming him. If you could help me it would be much appreciated.

    • Hi Thomas,
      She may be able to claim him as long as she provides over half of his support and the relationship does not violate their state’s local law. The IRS notes, for example, that some states prohibit couples from living together if one party is married to someone else. In such a case, the IRS says, a dependency exemption would be disallowed even if the other requirements are met.
      Thank you,
      Lisa Greene-Lewis

  274. I have a disabled 26 yr old son who earned $10,800 last year. Can I claim him as a dependent or do I need to file a return for him?

    • Hi Michael,
      As long as your son meets the relationship, support, residency, joint return, and citizenship test you may be able to claim him as a dependent. I am not sure what source his income is from, but you may need to file a tax return for him due to the amount earned so you may want to let him take the deduction. Please see publication 501 for more details on filing requirements for dependents http://intuitturbotax.wordpress.com/wp-admin/edit-comments.php
      Thank you,
      Lisa Greene-Lewis

  275. We are family of four i.e. husband/wife and 2 kids ( 11 yrs / 2 yrs).
    During 2011, I put $1800 in my employer dependent care FSA and claimed it because my daughter was going to daycare/after-school when my wife went to my native country ( i.e outside of USA) for 5 months. I spent around $2100 on daycare. I have receipt of all daycare and my W2 has entry of $1800 in line 10. I am filling tax as married filling jointly. I was going thru different IRS publication but did not find good answer that whether or not I am eligible to take benefit of dependent care credit.

    • Hi Manu,

      Yes, you can claim the Dependent Care Credit. You will need to include the amount on Box 10 with the rest of your W-2 information then report the total amount of your dependent care expenses in the Deductions & Credits section of the product. To get there, from the Deductions & Credits table choose Child and Dependent care then answer the questions appropriately and TurboTax will do the rest.

      Thank you,
      Denise

  276. My ex-husband has claimed our son as part of the divorce decree. Our son graduated in 2011 and only 5 months of child support was paid for this year. Now, my ex is claiming him on his tax return. Our son is filing as non-dependent because he wants to establish residency in his new state and get resident tuition. Now he cannot because his dad claimed him. I don;t think he can be claimed for 2011, am I correct?

  277. Lisa,
    Can a minor claim himself as a dependent if his parents dont?? He made less than 4,000 in income last year

    • Brian,

      According to IRS publicatoin 929, dependents are only required to file a return if their earned income is more than $5,800 – http://www.irs.gov/publications/p929/ar02.html – Table 1.

      Publication 17 (http://www.irs.gov/publications/p17/ch01.html) says that normally a child is responsible for filing his or her own tax return, but if they cannot file it for any reason, such as the child being too young, then a parent or guardian must file it for the child. If the child does not pay the tax due on this income, the parent is liable for the tax.

      In order for your child to claim themselves, they would have to file their own return. However, they would not be considered a dependent on their tax return, they would be considered the primary tax payer and get a personal exemption of 3,700 as long as the parent or guardian doesn’t claim them.

      Thanks,
      TurboTax Vanessa

  278. Hi Lisa, my wife and I file a joint return. My son turned 18 last year and I could not figure out how to claim him as a dependent in TurboTax. He’s a full time student, and he’s disabled. We’re his legal guardians. We applied for Social Security Disability Income in October, and it was granted in January, retroactive to October. I am sure we can claim him. Can you point to the place in TurboTax where I do this? And is it worth filing an amended return for last year (we didn’t claim him)?
    Thanks, Dan

    • Dan,

      You can claim a dependent in TurboTax by clicking on the Personal Info Tab, under the You & Your Family sub-tab. You will see an area in the summary table on Dependents, click on Edit next to that topic. The program will ask you a series of questions, including your child’s age and if they are disabled. Once you answer all the questions, the program will inform you if your child qualifies as a dependent.

      As far as amending your prior year return – dependents can give you a deduction of up to $3700. It may be in your best interest to review your prior year return.

      Thanks,

      TurboTax Vanessa

  279. My daughter is a full time college student during the 2011 summer before she left for college she worked at a bookstore and the employer did not take out taxes but with held money for social security so they said. The employer paid her by personal check with out a pay stub, since then the store has gone out of business we can not located the owner and we have no W-2/1099 how do we file for her.

    • Hi Jana,
      You may be able to claim them as long as:
      - They did not provide over half of their support own support
      - They lived with you more than half the year
      - You follow what is in the divorce decree regarding custody
      - They meet the age requirements for qualifying child (If not, they may be considered “qualifying relatives”)

      Thank you,
      Lisa Greene-Lewis

  280. Please help! This is my 3rd attempt with the same question and no response yet. Pleeeeeeaaaaassssseeeee! My daughter and grandson moved in with us last year. She turned 24 last May. She was in school full time for a portion of the year and had income of less than $3,700 for the year. We provided support in the form of food, shelter, clothing, medical, transportation, and child care expenses. My grandson did receive approximately $200 in child support from his father each month and, even though she did not meet the minimum income standards, my daughter did file her taxes claiming her son as her dependent in order to receive her refund. Do my husband and I have any options as far as claiming either of them in order to recoup some of our expenses? I have been told I can have my daughter amend her tax return and then we can claim her and our grandson on our taxes. Is this correct? What are my options? Thanks for your help!

  281. if i have nieces and nephews who i send money to help support them, but they are not in the United States, they live in Mexico can i add them as my dependent

    • Hi Ashley,
      You can claim them as “qualifying relatives” if:
      - You provide over half of their support
      - They each do not earn more than $3,700
      Thank you,
      Lisa Greene-Lewis

  282. Hi Lisa,

    My father-in-law is retired and lived with us for the entire 2011 year. I am not sure how much he received in total for the year from his retirement account, Social Security, etc. Can we claim his as a dependent?

    • Hello BB,

      You can claim your father-in-law as a dependent if both of the following are true:

      1. He is a US citizen, resident alien, national, or a resident of Canada or Mexico, and;

      2. He did not provide more than half of his support and didn’t make more than $3,700.

      Hope this helps.

      Thanks,
      Denise Elliott

  283. I have a son over the age limit for dependent but would be a qualifying relative. We share the same home, no income for 2011 and I have met all his expenses including $3600 health insurance. He is not a student. I file Turbo Tax. Do I just add his name and put qualifying relative instead of son? Also Can I deduct the cost of the insurance premiums, Thank you, Bette

    • Hi Betty,

      You can claim your son as a dependent and you would do that, as you’ve indicated, by indicating that he is a qualifying relative.

      For the insurance premiums, the amount paid would need to exceed 7.5% of your Adjusted Gross Income. Since you are using TurboTax, you can enter all of your eligible medical expenses and the program will determine whether or not you meet the threshold.

      Thank you,
      Denise Elliott

  284. My husband did not live with me 1/1/11 – 7/31/11. He was on unemployment and living with a relative. He moved back in on 8/1/11 as he had no unemployment benefits after 7/31/11. I have supported our 4 kids all 2011 and him as of 8/1/11. How should I file and can I claim him?

    • Hello Tonya,

      From what you’ve mentioned, it sounds like you should choose the Married Filing Joint filing option with four dependents (your kids). Remember that you will need to include your husband’s unemployment on your return as income.

      Hope this helps!

      Thanks,
      Denise Elliott

    • Hello Sharif,

      You can claim your mother as a dependent if all of the following are true:

      1. She is a US citizen, resident alien, national, or a resident of Canada or Mexico, and;

      2. She lived with you for more than half a year, and;

      3. She did not provide more than half of her support and didn’t make more than $3,700.

      Hope this helps.

      Thanks,
      Denise Elliott

  285. My daughter and grandson moved in with us last year. She turned 24 last May. She was in school full time for a portion of the year and had income of less than $3,700 for the year. We provided support in the form of food, shelter, clothing, medical, transportation, and child care expenses. My grandson did receive approximately $200 in child support from his father each month and, even though she did not meet the minimum income standards, my daughter did file her taxes claiming her son as her dependent in order to receive her refund. Do my husband and I have any options as far as claiming either of them in order to recoup some of our expenses? I have been told I can have my daughter amend her tax return and then we can claim her and our grandson on our taxes. Is this correct? What are my options? Thanks for your help!

    • Hello Diane,

      If your daughter amends her tax return to not claim her son and to indicate that she can be/will be claimed as a dependent on someone else’s return, then – once her return has been accepted by IRS – you will be able to claim both of them as dependents.

      Thank you,
      Denise Elliott

  286. We are husband/wife and 2 kids ( 11 yrs / 2 yrs).
    During 2011, I put $1800 in my employer dependent care fsa and claimed it because my daughter was going to daycare/after-school when my wife went to my native country ( i.e outside of USA) for 5 months. I spent around $2100 on daycare. I have receipt of all daycare and my W2 has entry of $1800 in line 10. I am filling tax as married filling jointly. I was going thru different IRS publication but did not find good answer that whether or not I am eligible to take benefit of dependent care credit.

    • Hello Manu,

      Yes, you can claim the Dependent Care Credit. You will need to include the amount on Box 10 with the rest of your W-2 information then report the total amount of your dependent care expenses in the Deductions & Credits section of the product. To get there, from the Deductions & Credits table choose Child and Dependent care then answer the questions appropriately and TurboTax will do the rest.

      Thank you,
      Denise

  287. Lisa, my daughter was 20 years old in 2011, is a full time student living in the dorms. Last year, she studied abroad through her school program for a semester (for 5 months). She made less that $3,700. We provide her health insurance, car insurance, gas, etc. She carries her own student loans. Can we still claim her as a dependent?

    • Hi Kara,

      Yes, you can claim her as a dependent. While she’s away at school, her permanent residence is still with you, and her student loans do not qualify as extra income.

      Thanks,
      Denise Elliott

  288. Hi Lisa! My 80 year old mother resides with my husband and I. She receives $500 SSI monthly = $6000 yearly, this is her only source of income. My husband and I assist her with any other expenses not covered by her monthly SSI check. Will my husband and I be able to claim her as a dependent for 2011? Looking forward to your reply. Thank you. Sara

    • Hi Sara,

      Yes, you can claim your mother as a dependent. Her $6,000 Social Security income is not taxable, therefore she still makes less than the $3,700 limit, and meets all of the other requirements.

      Thank you,
      Denise Elliott

  289. My boyfriend is 18 and he goes to school full time. We live together and I support the household. i work and i go to college. could i claim him as a dependent. he doesnt work or anything.

    • Hi Rina,

      It would depend on several factors:

      1. Since he’s not related, he would need to have lived with you for the entire year in 2011;

      2. No one else – like his parents or guardian – can claim him for 2011;

      3. You must have provided over 50% of his support in 2011;

      4. He must not have income of any kind – including scholarships, trust funds, etc. – greater than $3,700 for 2011;

      5. He must have a Social Security Number or ITIN.

      Thank you,
      Denise Elliott

  290. I petitioned for my husband and daughter who are living outside the U.S. A month ago they got their visa interview and were approved. They came to the U.S. three weeks ago with Permanent Residence. They got their SSN last week. I want to know if I can claim them as dependents for 2011.

    Thank you.

    • Hi Lauren,

      If they were living in Mexico or Canada for all of 2011, and meet all of the other requirements to be claimed as dependents, then you can claim them as dependents on your return. If, however, they were residents of any country other than Mexico or Canada, then you’ll have to wait and claim them as dependents on your 2012 return.

      Thank you,
      Denise Elliott

  291. Does college work-study count against the $3700 income limit to be a dependent for someone over 24?

    • Hi Frances,
      Yes, because work-study income is taxable income, it would be included. The $3,700 income limit refers to taxable income.
      Thank you,
      Lisa Greene-Lewis

  292. Is the amount for dependency (the $3700 income limit) the same for 2012? And is the age still 24? The reality is that it is taking many kids longer than that to graduate from college so these rules are kind of archaic!

    • Hi Frances,
      The income limit increases slightly for 2012 to $3,800, but the age limit is still the same.
      Thank you,
      Lisa Greene-Lewis

  293. My ex wife wants to claim out 18 year old son as a dependent on her 2011 taxes. He is a Full Time College Student and lives solely with me (for last two years when not away at school. She provided no support whatsoever. I pay for his college, health insurance, meal plan…everything. Her argument is that our divorce decree states she claims all children as dependents if I fall behind on child support (for other two children) and I have. I was awarded back child support for the time he lived with me over the last two years. She is asking for a 1098T from me because my son does not speak with her. Which one of us can claim him?

    • Hi,
      In general a qualifying child should be claimed by the parent who the child lives with the most more than half the year, however if your ex-wife has custody per the divorce decree and it says that she can claim him as a dependent the only way you could claim him is if she releases claim of exemption with Form 8332.

      Thank you,
      Lisa Greene-Lewis

  294. My 19 year-old son earned no money in 2011, but got an insurance payment in early 2011. When he got that payout, he moved out and dropped out of high school. We paid for part of his living expenses during that time (i.e. food, gas for car, cell phone). He dropped out of high school for that semester. He then moved back home in June (after spending all the insurance proceeds) and we provided full support the rest of the year. He started back at high school in August and was a full-time student, finishing school in mid- December. He will officially graduate from high school in May 2012 because his school does not do mid-year graduations. His 19th birthday was 11/24/2011. Can I claim him for 2011?

    • I think I figured this out – I missed the 5-month part the first time. He was a full-time student for 5 months (January, September, October, November, December – he didn’t drop out until February, and he started back mid-August); we provided more than half of his support; he did live with us more than half the year; he earned no money himself; so I think the answer is yes, we can claim him even though he was not under 19 at the end of the year.

      • Hi,
        Yes, if he was a full-time student for at least five months, then you can claim him.
        Full-time college students have to be under 24.
        Thank you,
        Lisa Greene-Lewis

  295. This is my 3rd attempt at asking my question, can I please have it posted/addressed?

    My husband and I have legal custody of my 14 year old cousin. Are we able to claim him as a qualifying child on our return? We were told that we couldn’t because we haven’t actually adopted him…how does this work?

    • Hi Sally,
      You can claim him as a “qualifying relative” if:
      1. You supplied over half of his support
      2. He did not earn over $3,700
      3. He was a U.S. citizen or national, resident of Mexico or Canada
      4. He cannot be claimed by anyone else.

      Thank you,
      Lisa Greene-Lewis

  296. I have a 26 year old daughter who attended college while staying with me in my household for the entire year. I understand she does not fall under the “qualifying child” category but maybe under the “qualifying relative” one, but WHERE on TurboTax do I indicate/fill this out? I have changed the personal information twice and it keeps saying she does not qualify due to her age. Please help!

    • Hi Aida,
      Go back in the personal info section and click edit next to her name. Make sure you don’t miss answering any questions regarding claiming your daughter as a dependent. People often go through the interview quickly and miss places that should be checked off. Even if there are options that are “none of the above” that apply make sure you check it off. Pay special attention to the birthdate entered, the question about whether you supplied over half of your daughter’s support, and the amount of income she earned. If you still have difficulty, go to our free tax advice through the tax program so they can walk you through live.
      Thank you,
      Lisa Greene-Lewis

  297. Hi Lisa,
    My son is a full time student, and turned 24 on August 15, 2011.I paid his living expenses and tuition (over the amount of his Stafford Loan) in 2011. He worked during the summer and earned $7,500. His earnings were while he was still 23. Is there any way I can claim him as a dependent, as he was 23 for the majority of 2011? Thanks!

    • Hi Pam,
      Unfortunately to claim him as a “qualifying child” he has to be under 24 in 2011. If he doesn’t meet age requirements you may have been able to claim him as a “qualifying relative”, however he earned too much in 2011.
      Thank you,
      Lisa Greene-Lewis

  298. My daughter turned 21 in Dec. 2011. She is a fulltime student and works part time (not sure how much she earned this year). She does nto live at home, she has her own apartment. She gets the Post 911 GI Bill for BAH but it does not cover all of her living expenses, especially medical. If she earned less than $3700 can we claim her as a dependant? And if she has already filed her taxes this year is there a way for us to amend them?

    • Hi Lisa,
      If your daughter did not supply over half of her own support you can claim her as a “qualifying child”.

      If she already filed her taxes and claimed herself then you could amend her tax return if you wanted to claim her as a dependent.

      Thank you,
      Lisa Greene-Lewis

  299. Hi Lisa
    Can my husband and I claim our children as dependants? Our son is 18, lives at home and is in a registered apprenticeship program. He works and receives payment for hours accumulated in this program. His income last year was 18,000. Our daughter lives at home 5 months of the year, is 22 and her income from summer employment was 4,000.00. she is in unversity. Thank you

    • Hi Sharon,
      Son – Your son can still be claimed as a “qualifying child” as long as he does not supply over half of his own support. He would be required to file his own tax return due to his income so he may want an exemption for himself, if that is the case you could not claim him.

      Daughter- Your daughter could be claimed as a “qualifying child” as long as she was a full-time student for five months and she didn’t supply more than half of her own support.

      Thank you,
      Lisa Greene-Lewis

  300. For 2011, our 22 year old daughter was a full time student (she graduated in May 2011) she got a job in her field and grossed $25,300.00 for the remainder of 2011; we previously paid for her tuition through College Illinois prior to 2011; we paid for all of her expenses for 2011 (room & board, books, food, car, insurance, etc. while in school) the only expense she pays now (since September 2011) is her car payment and gas. It’s our choice not to charge her for rent/food/insurance. Can we still claim her as a dependent for 2011 and if not can she file as a single and take the exemption?

    Sincerely,
    Shannon

    • Hi Shannon,
      If she did not provide over half of her own support, was under 24 and a full-time student for at least 5 months, she could still qualify as a “qualifying child”. Your daughter, however is required to file her own tax return due to her income. In that case, she would not be able to claim a deduction for herself if you claim her as a dependent so you will both have to decide who will take the exemption.

      Thank you,
      Lisa Greene-Lewis

      • Dear Lisa:

        Thank you for your quick response! I originally prepared a draft of her return (single with someone else claiming her) and our return where we had her listed as our dependent (because she met all of the qualifications) but I started to second guess myself because of her income.

        Sincerely,
        Shannon

  301. My son is a full-time student, under 24, his primary residence is still with me, although he has an apartment all year long to go to school. During the school year his apartment is paid for from money we borrowed through his student loans, and during the summer he pays for the apartment with money that he has earned. How do the student loans work in considering if he is not paying for more than half of his own support or not. He also is working, and has made over 10,000. Can I still claim him?

    • Hi Maurice,
      Since he is a full-time student under 24, you should be able to claim him has a “qualifying child” so the income he made will not be a factor. As a “qualifying child”, as long as he does not supply over half of his own support, you will be able to claim him as a dependent.

      Thank you,
      Lisa Greene-Lewis

  302. Hi Lisa
    My son is 19yrs old and lives at home he graduated from high school in June 2011.He worked from Oct-Dec 2011 and earned $4000 can we still claim?

    • Hi Gaby,
      In order to claim him as a “qualifying child”, he would have to be under 19 at the end of 2011 unless he was a full-time college student for at least five months. If not, unfortunately you cannot claim him as a “qualifying child”. You would not be able to claim him as a “qualifying relative” since his income is over $3,700.
      Thank you,
      Lisa Greene-Lewis

      • Why wouldn’t the time in High School, graduated in June, qualify as 5 months of being a full-time student?

      • Hi Rick,

        Five months of high school would qualify the child as a full-time student, so as long as you provided more than half of their support, and the child is under 24, and no else is claiming them as a dependent, then they would qualify to be claimed as a dependent on your return.

        Thank you,
        Denise Elliott

  303. Lisa,
    I must have missed your response cause I didn’t get one …

    Lisa,
    My boyfriend and I lived together all last year in 2011. We got married on 12/15/2011. He did not make the $3700 income for this year and I supported the household 100%. How would be the best way to file? Single as it was only 2 weeks married. Married filing separately? or could i claim him as a dependent? he meets the requirements. only concern is we got married 2 weeks before the end of the year.

    This one has all the complicated twists to it.
    Wanted to try and do the taxes myself without having to get tax preparer.

    I appreciate any advice you have.

    • Hi Gin,
      You have to either file married filing jointly or married filing separately even if you were married on the last day of the year. If you are married you cannot claim your spouse as a dependent, you do still receive an exemption(deduction) of $3,700 for him though.

      The question of whether to file married filing separate or jointly depends on your individual income situation. TurboTax will guide you through all of the necessary deductions and credits and remember if you need help we have free tax advice available through the tax software.

      You can also read this blog http://blog.turbotax.intuit.com/2012/02/22/tax-implications-of-getting-married/

      Thank you,
      Lisa Greene-Lewis

      • I have a similar situation with my wife, as Gin has with her husband. Is the following not true (taken from irs.gov)?

        You are allowed one exemption for each person you can claim as a dependent. You usually can claim exemptions for yourself, your spouse and each person you can claim as a dependent. You may lose part of the dollar amount of your exemptions if your adjusted gross income is above a certain amount.

        http://www.irs.gov/ita/article/0,,id=219895,00.html

        Thanks,

        Brian

  304. I have my son’s 18 year old girlfriend, who is still in high school living with us. Her parents have divorced and provide her no support, other than medical coverage through her father’s policy. Otherwise, besides this child living with us, we have helped and covered a chunk of her car insurance, cell, clothing, car maintenance, gas and lunch money etc for the simple fact she’s in high school and just putting gas in her car has been tough. She made $5,200 in 2011 and because she is a full-time student, when I enter her exemption and standard deduction, it cancels out and she only will get back the little federal tax she paid in. Her parents can’t claim her since they didn’t provide any support and It seems that because she is 18 and F/T student she can’t get the benefit herself. She is not a relative and so I can’t claim her either. Help :(

    • Hi Maria,
      Unfortunately, she will have to file her taxes as you have them. If she did not make more than $3,700 for the year, lived with you the entire year, and if you provided over half of her support you could have claimed her as a “qualifying relative”, however she made over $3,700.

      Thank you,
      Lisa Greene-Lewis

  305. I have a 21 year old son, full time college student, living on campus, who made about $6,000 last year who will NOT be filing a joint return. My question is in regards to the support “leg” of the test. We have co-signed the student loans, provided a car, pay for his health insurance, car insurance, cell phone, medical bills and occasionally buy groceries, etc. He pays for rent, groceries, gasoline and entertainment. Are we going to need to itemize these expenses to make sure we have provided at least 50.1% of all his expenses to qualify for the child as a dependent? Additionally, based on the above scenario, can we still claim the 1098-T amount he received as educational expense?

    • Hi Tony,
      Yes, you will have to total all of your son’s expenses and figure out if you paid over half to answer that question. You will not have to itemize those expenses on the tax return. You would just answer the questions regarding support.
      Regarding the 1098-T, if you claim him as a dependent you can claim the expenses on the 1098-T. TurboTax will figure out which education credit or deduction is best for you based on your entries.
      Thank you,
      Lisa Greene-Lewis

  306. my stepdaughter attends college as a full time student and a resident of pa. she uses our address (her father)for all papers and drivers license – she has lived in pa all her life with her mother but her mother moved out of state (nc)before she started college and that is why she uses our address as her residence. my question is can her mother who lives out of state claim her as a dependent?

    • Hi,
      If she is a “qualifying child”, (under 24 and a full time college student for at least 5 months) her mother can claim her, if her daughter does not not supply over half of her own support.
      If she is considered a “qualifying relative” over 24, her mother can claim her if her mother supplied over half of her support and her daughter did not earn over $3,700
      Thank you,
      Lisa Greene-Lewis

  307. Hi, I have a 1yr son, and I claimed him. When I was done it said and my income tax would be is $372.00. I didn’t think that was right so I didnt file yet. Why was it sooo low?

    • Hi Virginia,
      Without knowing your total income and deductions it would be hard for me to know that. Please keep in mind the deduction for a dependent is not a dollar for dollar deduction from your tax liability. Here is an FAQ that explains why your refund may not be what you expect.
      http://turbotax.intuit.com/support/iq/Tax-Refund/Why-Is-My-Tax-Refund-Different-This-Year-/GEN80919.html
      If you need more help you can ask one of our free tax advice tax professionals your questions and they have the capability to do a live look at your tax return. You can get to a live agent through the tax software on the right rail of the product.
      Thank you,
      Lisa Greene-Lewis

      Thank you,
      Lisa Greene-Lewis

  308. I have an 18yr. Old step-son and he lived with me the whole year of 2011. He is a part-time student and works. He made $5339 last year. I pay for everything in the household. He filed already but did not submit his tuition statement form 1098. Can I claim him on my taxes as a student or will I have a problem?

  309. Still waiting on answer for this: My 18 yr old son live with us for 5 and a half months last yr. He moved in with my husbands sister in the middle of June. We have carried med insur, dental insur on him, paid his cell bill, car insur, doctor visits, and med when needed. When I did our taxes and put the info in about living arrangements and then his income was $3758 for the 2011, it told me that I cannot claim his as a dependent. So I filed his taxes for him and he received his refund. Now sister inlaw is furious with us and is going to do an amendment on his tax return and claim him as a dependent. Can she do this?

    • Hi Cathy,
      No she would not be able to claim him. He would be considered a “qualifying relative” for your sister. “Qualifying relatives” cannot make more than $3,700 per year.
      Thank you,
      Lisa Greene-Lewis

      • Thank you Lisa, for responding. Is there anyway they can get around it or do it illegally? And if they say they have should I inform the IRS? Her daughter is an accountant and she says that she can claim him. I just want to make sure my son will not get in trouble for anything and if they are trying to do something illegal, I think the IRS needs to know. Thanks

  310. I would like to know why TurboTax is not supporting the claim of an Earned Income Credit for an adult son who is disabled but cannot be claimed as a dependent.

    What problem does the makers of TurboTax have with this position?

    • Hi Joe,
      TurboTax does support EITC if you support a disabled child, however you have to claim your son as a dependent in order to get the Earned Income Tax Credit per the IRS.
      Thank you,
      Lisa Greene-Lewis

  311. I have a 4 month old and I’m currently not working, however my step father has been the provider for the child. Can he file for her on his tax refund for 2012?

  312. I arrived to the USA on 1st November 2011 with my wife. We got SSN in 2011 and we are permanent residents.
    In January 2012 our daughter also arrived to the USA and become the resident. She got SSN in March 2012

    Can I include my daughter as dependent into tax return for 2011 year.

    Thanks

    • My daughter is five years old.
      We lived in foreign country before and won green card in June 2011 (got VISA stamp)

  313. Thank you for your help on this issue. However, our situation has a twist that we need your further help with. My wife and I live and work full-time outside of the USA. We maintain a home in the USA. Our 21 year old daughter is a full-time student and lives in the home we maintain in the USA. We support much more than 1/2 of her expenses, she made a little more than $3700 in 2011. So do we answer “yes” to the question “did the dependent live with you more than 1/2 the year”?

    • Hi Carl,
      Since your daughter is a full-time student and under 24 she could qualify as a “qualifying child” so her income would not be a factor as long as she does not supply over half of her own support. To meet the residency test your absence from your main home could be related to business as long as it was a temporary absence for business. See IRS publication 501 http://www.irs.gov/publications/p501/ar02.html#en_US_2011_publink1000220886
      Thank you,
      Lisa Greene-Lewis

  314. TurboTax won’t count our 17 year old son who is severely disabled and lives at home as a dependent.

    • Hi Dave,
      It should. Please walk through the program again and make sure you don’t miss any questions and also that you input his social security information correctly. If you miss any questions related to dependency, the program will not give you the deduction. You even have to check off a “none of the above” option if it applies. It cannot be left blank. If you have any more problems please go to a live tax expert through the program so that they can speak to you live or even live look at your screens.
      Thank you,
      Lisa Greene-Lewis

  315. Hi, I am 21 years old and my mother wants to claim me as a dependent. I pay $400 rent over here. And she claimed me last year too. Is that legal, if not, do I contact someone? Oh and I haven’t lived over here for even a full two years. I’m off and on. I work, I make $1200.00/mo

    • Hi Marqus,
      If you are 21 she can only claim you as a “qualifying child” if you are a full-time student at least 5 months out of the year, in addition as a “qualifying child” you could not provide over half of your own support. If you were not a full-time student, she could claim you as a “qualifying relative”, but you could not have made more than $3,700 in earned income for the entire year and your mother would have to provide over half of your support.
      Thank you,
      Lisa Greene-Lewis

  316. Without our knowledge, my mother-in-law claimed my 40 year old husband as a dependent and I am furious! What can I do about this as I will be filing our taxes this month and plan to file as married jointly?

    She stated she’ll give us $200 for illegally using my husband’s social security number. As far as I’m concerned she has committed a crime! Furthermore, we believe she’ll be getting a few thousand dollars for the filing. Is this true?

    • Hi Moka,
      I am sorry, but she would have to file an amended return. You can still file jointly, but some of your deductions will be limited as a result of him being claimed as a dependent. I am not sure how much she would get back as I don’t know her income and deductions.

      TurboTax can still guide you through preparing your tax return even though your husband was claimed as a dependent on another tax return.

      Thank you,
      Lisa Greene-Lewis

  317. My husband and I filed our taxes and claimed by 21yr old son as a dependent because he is a full time student and lives at home and we support him. He had two part time jobs and when he filed his taxes and were accepted by IRS (went through turbo tax) he didn’t check the box that “someone else can claim you as a dependent on their return” so now our return has rejected by the IRS. Do we amend my son’s return since that seems the easiest way to go and redo it? Thank you for your time!

    • Hi Denise,
      Yes you should amend your son’s tax return since you would like to claim him as a deduction and then you will have to fix yours. It will however, take some time for the IRS to process the amendment and realize that there was an error on your son’s tax return.
      Thank you,
      Lisa Greene-Lewis

  318. Can I claim my inlaws on my taxes, they live with us and they get SS benefits. I mostly support them with lodging and food.

    • Hi Rose,
      As long as they meet all of the test of a “qualifying relative”:
      - You provide over half of their support
      - Their income is not taxable, which generally social security is not.
      - Citizenship test
      - They don’t make over $3,700 in taxable income
      - They are not required to file a tax return
      Thank you,
      Lisa Greene-Lewis

  319. My newborn was born on Jan. 4, 2012….. while I realize this MAY NOT be deductible… guess you can so “I am hoping” it will be!! So, can I claim my newborn born within a week after the new year??? Thanks!!

    • Hi Elizabeth,
      Sorry, unfortunately you can not claim your baby on your 2011 tax return. The good thing is you can claim your baby for 2012. Congratulations on your new baby!
      Thank you,
      Lisa Greene-Lewis

  320. I currently am supporting my soon to be husband and his daughter. He is in the middle of a custody battle. I pay for rent, utilities, car payments, gas, food and childcare. He currently has Temporary custody. It is in writing that he can claim his daughter. Can I claim them both?

    • Hi Kellye,
      You can claim them as long as you meet the tests in the post:
      - He lived with you the entire year
      - You provided over half of his support
      - He did not earn over $3,700
      - Meets the citizenship test
      - Neither one of them are claimed on someone elses tax return
      - He is not required to file a tax return
      Thank you,
      Lisa Greene-Lewis

  321. My daughter is a full time student. She live with me. She had a job in 2010 got laid off collect unemployement benefits 8234.00 in 2010 can i claim here as a dependent

    • Hi Jorge,
      It depends on her age. If she is under 24 and a full-time college student you could claim her as a “qualifying child” and her income would not be a factor, however if she is over 24, you could not claim her as a “qualifying relative” as her income could not be more than $3,650 in 2010. Please note, she would also have to meet other test per the blog if she meets the age requirement.
      Thank you,
      Lisa Greene-Lewis

    • Hi Teka,
      Congratulations on your new baby! Yes you can claim the baby. Make sure you have a social security number for your baby when you file.
      Thank you,
      Lisa Greene-Lewis

  322. When completing a 1040EZ for a college student who lives away from home, should her permanent home address be listed on the return or her college address?

    • Hi Angelia,
      It should be the address the IRS has on file, which is probably her permanent address. If you change your address from the one the IRS has in the system, you are required to file Form 8822 so the IRS has record of the change.
      Thank you,
      Lisa Greene-Lewis

  323. Hi Lisa, I have a 20 yr old daughter that is a full time student in PA, we pay all her living and tuition expenses. She work during the summer and earned 6500.00. Can she be claimed as a dependent? If not are my husband and I not able to claim tuition?

    • Hi Tricia,
      If your daughter is a full-time student and under 24 she can still qualify as your “qualifying child” and her income will not be a factor. If she were over the age limit and you had to claim her as a “qualifying relative” then her income would have been a factor.
      Thank you,
      Lisa Greene-Lewis

  324. Lisa,

    You still did not answer my question…I have a 23yr old friend that is an international student, goes to school full-time, does not work and has been in the US for two years. I have paid for some of her tuition fee last year as well as bought her groceries. Though we live in different apartments, can I claim her as my dependent for the two years she has been in the US

    • Hi Inno,
      There are provisions which allow taxpayers to deduct $50 per month for foreign exchange students, however they must live with you, there must be a signed agreement between you and the educational institution, and it is for the first 12 years of school.
      Regarding claiming her as a “qualified relative”, she would not meet the residency test of being a U.S. Citizen, national, resident alien, or resident of Mexico or Canada.

      I hope this helps you.
      Thank you,
      Lisa Greene-Lewis

    • Hi Victoria,
      Yes you can claim him on your taxes. Make sure you have his social security number.
      Thank you,
      Lisa Greene-Lewis

    • If you mean your dbulctiede, I have never seen a policy with a dbulctiede on the liability portion. So if the liability portion of your policy does not have a dbulctiede then no. If you mean will you have to pay for the other party’s injuries if they exceed your liability limits, then yes you are responsible for those amounts.

  325. my son is 26, lives with us full time, an attended college in 2011 & did not work.
    we supported him the entire yr.
    Can we claim him as a “qualifying relative”.
    even if he files a return via 1098-T for the AOTC

    • Hi Andrea,
      No you would not be able to claim him if he files his taxes to get the AOTC, because in order to get the AOTC no one could claim him as a dependent. If you claimed him as a dependent qualifying relative he would not be able to get the AOTC. You would get it. If he does not file his tax return in order to get the AOTC then you would be eligible to claim him as long as he meets the test outlined in the blog post.
      Thank you,
      Lisa Greene-Lewis

    • Hi James,
      Yes, as along as no one else can claim him, he is a U.S. citizen, national, resident alien, resident of Mexico or Canada, and he didn’t supply over half of his own support.
      Thank you,
      Lisa Greene-Lewis

  326. I am 20 years old a full time student and I made less than 3700 this past year. I have lived with my boyfriend for the past 2 years and we have a child together. Is he able to claim me on his taxes this year as a dependent? he pays for all of my expenses.

  327. I realize I can claim my son who lives with me an is a full time college student an does not work.My question is around how much could get for claiming him in my taxes 2012

    • Hi Connie,
      You may get a dependent deduction of $3,700 and you may be able to receive a credit or deduction for his college tuition if you paid it and claim him as a dependent.
      Thank you,
      Lisa Greene-Lewis

  328. I turned 25 on October 11 2011 and I made more than 3700. I lived with my parents the whole year can they claim me on their 2011 tax return?

    • Hi Sharon,
      Sorry, they cannot claim you since you don’t meet the age test for a “qualifying child” and you do not meet the income test to be considered a “qualifying relative”.
      Lisa Greene-Lewis

    • Hi Jose,
      You can claim your new baby on your 2011 tax return. Just make sure you have your baby’s social security number when you file.
      Congratulations!
      Lisa Greene-Lewis

  329. I have a daughter that is 26 years old ,full time student ,works part time earned about $6,000.00 . She lives away but I provides almost all of her living expenses.I also have a son that is a full time student living at home , 23yrs. old . He made about $5,500.00. Can I claim both of them on my 2011 taxes. I live in Tennessee. Thanks, Raymond

    • Hi Raymond,
      Your daughter cannot be claimed as your “qualifying child”, because she does not meet the age test of under 24 and a full time student at the end of the year. She also cannot be claimed as a “qualifying relative”, because she earns more than $3,700/year. Your son on the other hand can be claimed as your “qualifying child” since he is under 24 and a full-time student as long as he didn’t provide over half of his support. When he files his own return, he cannot claim an exemption for himself if you claim him as a dependent. Your dependents must also be U.S. citizens, U.S. Nationals, resident aliens, or residents of Mexico or Canada.
      Thank you,
      Lisa Greene-Lewis

  330. Just so I understand this properly; age doesn’t matter if I’m being claimed as a “relative”, as long as I meet the income, residence, and support guidelines? I ask because I turned 24 at the end of the year but I still qualify for the rest of it!

    • Hi Katie,
      Yes, you are correct. Age is not a factor for if you are “qualifying relative”
      Thank you,
      Lisa Greene-Lewis

    • Hi Jessicah,
      See my two responses. Thank you for the additonal info. Where is live and work is not a factor in your specific question.

      Thanks again!
      Lisa Greene-Lewis

      • Lisa ,

        How do I claim my qualifying dependent / son for last year?

        I was not informed and didnt claim him.

      • Hi JSD,
        If it is for your 2010 tax return you will have to amend you 2010 tax return. TurboTax can assist you with amending your return.
        Thank you,
        Lisa Greene-Lewis

  331. Another question: since I have supported him for the past 3 years, is there any way I can re-do my taxes for the past years where I did not claim him as a dependent? Or once you file taxes is it set in stone?

    • Hi Jessicah,
      You can amend your tax return if your filing status changed or your deductions and credits changed. An amended tax return must be filed within 3 years from the date of original tax return or within 2 years you paid the tax, whichever is later. TurboTax also gives you the ability to amend your tax returns.

      Thank you,
      Lisa Greene-Lewis

  332. My 24 year old best friend has lived with me for 6 years now. I am 23 and live in my own apartment, independent from my mother, and receive no income other than my full-time job. He hasn’t had a job for the past 3 years and doesn’t receive any money from the government or his parents. I provide his food and clothing, plus pay all of the utilities and rent. How would I go about claiming him as a dependent?

    • Hi Jessicah,
      Your best friend could qualify as a dependent “qualifying relative” as long as he meets the following tests:
      - You supplied over half of his support
      - He did not make over $3,700 in 2011
      - He is a U.S. citizen, U.S. national, U.S. resident alien, or a resident of Mexico or Canada
      TurboTax will guide you and give you the exemption you deserve.

      I hope this helps you!

      Thank you,
      Lisa Greene-Lewis

  333. My girlfriend lived with me for the entire year, but made around $4200 while being a full time student. Can I claim her as a dependent?

    • Hi Jesse,
      Sorry, per IRS guidelines, a girlfriend can be a “qualifying relative”, but cannot earn more than $3,700 in 2011.

      Thank you,
      Lisa Greene-Lewis

  334. Please help us! We are a gay couple who have been together for 11+years residing in the state of Tennessee. In November of 2010, I received a diagnosis of Multiple Scelorsis and lost my job and have not been able to provided any income to our living expenses for these past 13 months. My medications are supplied by the pharmacuetical companies and I am currently scheduled for my federal social security disability hearing for sometime in 2012. Since neither of us are legally married, even to each other since Tennessee does not recognize alternate lifestyles, and have lived in the same townhouse for 2011, and I have not been able to provide any monetary resources to our monthly expenses, and I have been determined by both of my doctors to be permanently disabled, could my life partner claim me on his 2011 tax return as a dependent? I, of course, will not be filing any returns for 2011 since I have had no income of any kind. Thank you for your time and consideration!

    • Hi Steve,
      Yes, your life partner can claim you as long as the following test are met:
      - Your partner provided over half of your support in 2011
      - You did not earn over $3,700 in gross income
      - You are a U.S. Citizen, U.S. resident alien, or National of the U.S, or a resident of Canada or Mexico

      I hope this helps you!
      Thank you,
      Lisa Greene-Lewis

      • First of all, Thank You! Lisa for taking the time to answer! Neither one of us want to do anything that would be against the law in regards to filing taxes. It has been difficult for us to go to just one income but he never complains; so I was hoping that this would repay him in some way! Would he be able to do the short form since we do not own investments or a home and still claim me? How about including my medical bills with his own? Again, Thank you! Your help is highly appreciated!

  335. can i claim my boyfriends mother that has lived with me for 1 year.she has no income and i make more money than he does due to him being layed off

    • Hi Sherry,
      You may be able to claim her as a qualifying relative as long as she meets the tests per this blog post,
      which are:
      -You provided over half of her support
      -She did not earn over $3,700
      -She meets the citizenship tests
      Thank you,
      Lisa Greene-Lewis

  336. My boyfriend and I have lived together for the last 4 years in New Mexico. In February we were blessed with our daughter. Since I had a higher income and better benefits through my work we decided he would be a stay-a-home dad and raise our daughter and I would work. His income for the month of January was 2400.00 and that is the only income he had for this year. Can I claim head of household and do I claim both my boyfriend and our daughter? Also do I claim his 2400.00 income on the taxes?

    • Hi Jessica,
      Yes, you can claim head of household as long as you provide over half of the cost for keeping up your home and claim your daughter as a dependent. You may also be able to claim your boyfriend as a “qualifying relative” as long as he meets the requirements specified in this blog post and he is not required to file a tax return.
      You would not claim his income as that is filed under his social.
      Thank you,
      Lisa Greene-Lewis

  337. Can I claim my 22 year old son as my dependent? He is not working or not going to school but I provide for his support.

    • Hi Margaret,
      Although your son does not meet the test as a “qualifying Child”, you still may be able to claim him since he could meet the test as a “qualifying relative”. As long as he meets the following test:
      -You provided over half of his support
      -He does not file a joint return with anyone else(unless to claim a refund)
      It looks like he already meets the gross income test since he did not work.

      Thank you,
      Lisa Greene-Lewis

      • I am claiming my son as a “qualifying relative” because he lives with us, is unemployed, made no money and we have completely supported him the entire year. My question is does he need to file a return if he made no money and I am claiming him?

    • Hi Debra,
      Yes, even if you have a baby on December 31, 2011, you can claim them as a dependent.

      Thank you,
      Lisa Greene-Lewis

  338. Can I claim my 19 yr. old daughter who goes to school full time and works full time? She lives on her own with the help of financial aide. I do not support her financially.

    • Hi Shirley,
      Unfortunately, you can’t claim your daughter. She does not meet the “qualifying child” test or the “qualifying relative” test. She is not your “qualifying child”, because she doesn’t meet the residency test. She can’t be considered a “qualifying relative”, because you do not provide over half of her support and if she works full-time I would imagine she will not meet the gross income test of making under $3,700 in gross income for 2011.

      I hope this helps!

      Thank you,
      Lisa Greene-Lewis

  339. Thanks Lisa!

    so related question?

    Does this mean I can claim him for last year too?

    I didn’t think I could, so I only claimed my daughter, but my son was here last year too under same circumstances.

    • Yes, you can as long as no one else claimed him, he was not working, was not required to file a tax return, and for 2010 he did not earn more than $3,650.

      Thank you,
      Lisa

  340. My son is 21, he isnt working and I support him completely, can I write him off as a dependent.
    He is not going to college.

    • Hi DadScott!
      Yes you can claim your son as a dependent. He would be considered a “qualifying relative”, since he doesn’t fit into the age requirements for a “qualifying child”.

      Thank you,
      Lisa Lewis

  341. My daughter turned 24 on Feb 2 of 2011. She is a full time student living at home and only makes 13,000 this year. can I claim her as defendant on my 2011 tax return?

    • Hi Linda,
      Unfortunately to claim your daughter as a “qualifying child” she would need to be a full-time student under age 24 at the end of the year and to claim her as a “qualifying relative” she would have to have income under $3,700 so she does not meet either test.

      Thank you,
      Lisa Lewis

      • hi miss lisa,i just want to ask if my boyfriend can carry us ,me and my son.bec.this year im not working.and the dad of my son wan’t to carry but its not staying with him.only sometimes he get my son when its off.im just asking who is the right to carry us a dependant.my boyfriend or the dad of my son.thank you

  342. Can I claim my 19yo daughter who is a full time student and who is working part time and has made over $3600? If I do, can she file a 1040 EZ for her earnings?

    • Hi Amy,
      You can claim your 19 year old daughter as a dependent if she is a full-time student regardless of how much she made. I don’t know what other deductions she has, but she should be able to file a 1040EZ for her earnings. She needs to make sure she checks off that someone else is claiming her as a dependent on their return.

      I hope this helps!

      Thank you!
      Lisa Lewis

      • ms lewis, i am a disabled veteran and am applying for (fafsa) for my daughter, this to help her get a lower intrest rate on school loans, also any other additional grants and scholarships that may ber available. as her custodial/bio parent i under stand that for the fafsa she must live with me for at least 6 months and one day to be considered my dependant. my ex wife want to claim her as a dependent for the 3700.00 deduction can she do this if i am claiming that she lives with me and have stated this on the fafsa forms, my ex is stating that the irs has a form that will allow her to do this but i read this form(3624) i think this is it, only applies if the dependant is not all ready on a form (fafsa) which i am stating that she is my dependent, my concern is that i dont want or cant use the 3700.00 deduction because i am not working and my income is not taxable, i collect ssd,veterans benifits, these are not taxab le so mypersonal exemption was listed as zero so would not the exemption that the ex wants would also be zero on my taxes, since i have no taxable income.please advise me as my ex is creating a problem,she wants deduction but my understanding of the (fafsa) application says she can not use the deduction because i am the bio/gaurdian parent, for the education portion. vetdad

      • Hello VetDad,

        Federal Financial Aid (FAFSA) and income taxes (IRS) are two separate processes and while they ask for much of the same information they do have different criteria for dependency.

        FAFSA employs several different parenthood criteria:

        First criteria: The parent with whom the child lived the most during the past 12 months (the 12 months ending on the FAFSA application date).

        Second criteria: The parent who provided more financial support to the child during the past 12 months.

        Third criteria: The parent who provided the most financial support to the child during the most recent calendar year for which either parent provided more support to the child.

        For Federal income tax purposes, the parent who provides more than 50% of the child’s support will usually claim the child as their dependent unless there is a legal custody agreement that specifies otherwise.

        So it’s possible, if your child lived with you more than your former wife last year but your former wife provided more than half of your child’s support last year, that you would be her primary parent for FAFSA purposes and your former wife could still claim your child as her dependent for income tax purposes.

        Hope this helps!

        Thank you,
        Denise Elliott

      • Hello i am 21 and made over 3800 in the year of 2012 and i am now a full time student in the year of 2013. can i still file my 1040ez for my earnings and be claimed as a dependent on my fathers taxes since i do live with him and he supports me?

    • Hi Lisa, Can i claim my boyfriend as a dependent if he has only worked 3 months but made less than 2,000 from the year of 2012, BUT he gets checks that does not take taxes on his paychecks. So he would have to pay the IRS back. Can i still claim him??

  343. Still waiting for a response to this:My daughter turned 24 in October 2011. She is a college graduate, was not a full-time student in 2011, and earned slightly more than $3700 in 2011. She and her developmentally-disabled son have always lived with me full time. I pay virtually all of her support for extensive medical bills for herself and her son, specialized therapeutic services, food, clothing, and so on. May I claim either her and/or her son as dependent(s)? If not, are there any other exemptions or credits that I may claim?

  344. Hi Jeff,
    Unfortunately, your daughter does not meet the age requirement for a “qualifying child” and because she earned more than $3,700 she cannot qualify as a “qualifying relative”. It is possible to claim her son if you provided over half of his support and no one else claims him on their tax return. If you claim him as a dependent, you may be eligible to claim head of household and other tax credits related to dependency(Child Tax Credit, Child and Dependent Care Credit, Earned Income Tax Credit).
    TurboTax guides you through the interview and will ask you questions related to these deductions if you have a dependent.
    Thank you,
    Lisa Greene-Lewis

  345. I have a 18 yr. ols step-son living with me. He is a part-time student and works. He made 5339, last year. He has filed his taxes already, but forgot to submit his tuition statement. Can I claim him as a student and submit the 1098 form, or do I just claim him as a dependent without the form until he amends it next year? Don’t want to get anyone in trouble.

  346. Hi Joel,
    If he received a personal exemption for himself and did not say that someone else claimed him, you would not be able to claim the expenses on the 1098-T or claim him as a dependent. He would need to amend his tax return so he could claim expenses on the 1098-T or amend it and not take the personal exemption so you could claim him as a dependent.
    Thank you,
    Lisa Greene-Lewis

  347. Hi Lisa,
    I am a single mom. I had 400dollars income last year and my child support I have 5 children. My daughter who is 19 and lives at home, filed her own taxes. My son, 21 who lives at home has not. He made 10k lst year. I also have 3 other qualifying children. (ages 16, 13, 11). When I filled out my taxes, I will get very little back. Even with interest from my home loan and 3 dependents, I get hardly anything. Can my son claim my 3 children? If he can claim them as dependents, we will get like 5k back instead of nothing. There has got to be a way to get my child tax credits. What should I do?

  348. Hi Lisa,

    I never received a response to my question..
    I had a baby in June who only lived for two and half hours.Am i suppose to claim her on my tax return..I have been getting different answers…Thanks

  349. Hi Tawanna,
    I am sorry about your loss. You may be able to claim an exemption if your baby was born alive. You have to have proof of a live birth like a birth certificate and your baby has to fit the other qualifications of a qualifying child along with all of the other test to claim a dependent. Please see IRS publication 501 on death of a child
    http://www.irs.gov/publications/p501/ar02.html#en_US_2011_publink1000220886
    TurboTax ask about death of a dependent in the program so it will handle this when you prepare your tax return.

    Thank you,
    Lisa Greene-Lewis

  350. Hi Cathy,
    It sounds like you may qualify for Earned Income Tax Credit as long as you had earned income from working. Earned Income Tax Credit is a credit that can be up to 5,741 for people who earn low to moderate income. Please see http://blog.turbotax.intuit.com/2012/01/30/what-is-the-earned-income-tax-credit-2/ for income limitations. TurboTax will help you get all of the valuable credits like this one. Your son can only claim them if he provided over half of their support and they meet all of the other qualifications in this post.
    Thank you,
    Lisa Greene-Lewis

  351. Hi Bill,
    There are different test that must be met. If he can be considered your “qualifying child”, so under 19 or under 24 if a full-time student then the amount of money he makes isn’t an issue for claiming him, however he may be required to file his own tax return depending on his income. If he does not meet the age requirement above, he could be considered your “qualifying relative”, however a “qualifying relative” cannot make more than $3,800.
    Please see IRS http://www.irs.gov/publications/p501/ar02.html#en_US_2012_publink1000220708
    Thank you,
    Lisa Greene-Lewis

  352. Hi Lisa, I moved to United States in the month of September and My Husband and Son arrived in October. He got EAD in the month of Dec 2012 and started earnings in Jan 2013. Can I claim them as dependents?

  353. hi Lisa, My mom lived with me this year for 180 days and she did not have any earning in US and I have been providing her with all her expenses including clothing/food and travel expenses including health Insurance. I had claimed her as a dependent about 5 years back and she has a valid ITIN number. Can I claim her as a dependent even though she did not live with me for more than 183 days in the 2013 calendar year ?

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