Who Can I Claim as a Tax Dependent?

1,003 responses to “Who Can I Claim as a Tax Dependent?”

1. 

   Hi,
   I haven’t seen this question yet. My husband is an American citizen and files his taxes there (he does not file in Canada), even though we live in Canada.
   If he claims our children oh his US tax return, can I claim them on my Canadian return?
   Also, TurboTax is asking me for his 2011 income from his Canadian return, but he doesn’t have a Canadian return. Do I still have to claim his income?
   Thanks,
   Carol
2. 

   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
3. 

   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
4. 

   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
5. 

   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
6. 

   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
7. 

   I am a 20 year old full time student, no job, completely been dependent on my parents support. If I were to get married and change my last name, could they still file me as their dependent??? (I would still be a full time student, under the age of 24, would still be residing in their house and I will not be filing with my future husband)
8. 

   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
9. 

   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
10. 

    Hi Lisa;

    I have a sister that lives in Puerto Rico, I live in Connecticut, she is 54 and permanent disable due to a brain stroke. I provided her more than half of her support and medical bills. Although she doesn’t live with me Can I claim her as a dependent?. I am single. What filing status can I have in my tax return single or head of household. Thank you for the help 🙂
11. 

    My husbandd is recieving SSI. I dont work at all and I have our 19yr. old nice who rsides with us also. She goes to Community College full time and the only income she recieves is from her student grant which is about $4800 for the year. My husband provides rent, pay all bills, and provides all food and nessecities for our Niece also. can we qualify to claim her on a tax return. we just found out her mother claimed her without our knowledge which I think is totally unfair. My husband supported her not her mother. We dont get no cash aid or food stamps for her just medi-cal.
12. 

    Hi Lisa,
    I would like to start by saying that I am amazed and thankful to find your blog. I have asked the following questions for years and I have not been given any definitive answers.
    1) I have been supporting my 75 year old mother for over 10 years but ever since she got SSI, I was advised not to claim her because her SSI will stop. Can I still claim her again and how far back can I correct my taxes?
    2) I am also supporting my 66 year old aunt (my mom’s sister) for five years now but could not claim her as a dependent because she has no immigration papers. Someone told me this year that she can apply for a W-7 and I can claim her. I am afraid that claiming her would create a red flag to the INS and get her deported and I get in trouble for giving her a home.

    Please shed some light on this. I am a struggling 40 year old woman, single and supporting two helpless senior citizens whom I can’t claim on my taxes for lack of information.

    Thank you, Lisa!!!
13. 

    Can my parents claim me as a dependent if I was a full-time student, my tuition was paid by scholarships, I did not live at home, and I earned nearly $8000 last year? I was 22.
14. 

    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
15. 

    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???
16. 

    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
17. 

    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
18. 

    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
19. 

    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
20. 

    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!
21. 

    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
22. 

    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
23. 

    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.
24. 

    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
25. 

    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
26. 

    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
27. 

    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 Thuy,
      As long as you are unmarried or considered unmarried, you should be able to qualify as head of household and claim your son as a dependent. TurboTax will guide you through the appropriate entries. Also, please see IRS publication 501 http://www.irs.gov/publications/p501/ar02.html#en_US_2011_publink1000220775
      Thank you,
      Lisa Greene-Lewis
      • 

        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
28. 

    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
29. 

    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.
30. 

    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?
31. 

    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
32. 

    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
33. 

    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
34. 

    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
35. 

    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
36. 

    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?
    • 

      TurboTax-can you please reply to my inquiry? Thanks!
    • 

      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
37. 

    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
    • 

      don’t you think that maybe since Tax time is so close that they may be a little busy!!!
    • 

      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
    • 

      Hi Manu,

      I have replied to your original posts, above.

      Thank you,
      Denise Elliott
38. 

    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
39. 

    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?
40. 

    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?
41. 

    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
42. 

    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
      • 

        Thanks Lisa! That’s what I thought but needed to know definitively.
43. 

    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://blog.turbotax.intuit.com/wp-admin/edit-comments.php
      Thank you,
      Lisa Greene-Lewis
44. 

    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
45. 

    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?
46. 

    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
47. 

    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
48. 

    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 Marsha,

      Her is an FAQ with instructions on what your daughter should do if she has not received her W-2 and her employer went out of business.

      http://turbotax.intuit.com/support/iq/Import/Missing-Your-W-2-Form–Corrected-W-2s–and-Multiple-W-2s/GEN12431.html

      Hope this helps!

      Ashley
49. 

    My former stepson lived with me full time in 2011, and is a 23 year old full time student. I paid for all his living expenses although he earned over 10k for the year at his part time jobs. As I am no longer technically related to him, can I still claim him as a dependent since I’m supporting him full time?
50. 

    My former stepson lived with me full time in 2011, and is a 23 year old full time student. I paid for all his living expenses although he earned over 10k for the year at his part time jobs. As I am no longer technically related to him, can I still claim him as a dependent since I’m supporting him full time?