Family Who Can I Claim as a Tax Dependent? Read the Article Open Share Drawer Share this:Click to share on Facebook (Opens in new window)Click to share on Twitter (Opens in new window)Click to share on LinkedIn (Opens in new window)Click to share on Pinterest (Opens in new window)Click to print (Opens in new window) Written by TurboTaxLisa Published May 31, 2024 4 min read The question, “Who can I claim as my dependent?” has remained a top question for many taxpayers. It is an area where tax deductions and credits are often overlooked or inaccurately reported on tax returns. Under tax reform, you can no longer claim the dependent exemption — but you still need to know who qualifies as your dependent for other tax benefits like the Child Tax Credit (up to $2,000 per child under age 17) or the $500 Other Dependent Credit for children over 17 years old or for those who aren’t your children. While we’ll help you to understand who may be eligible to claim as a dependent below, don’t worry about remembering these rules come tax time. TurboTax has you covered. Who Can I Claim As a Tax Dependent? The 5 tests that qualify a child as a dependent Relationship: Must be your child, adopted child, foster child, brother or sister, or a descendant of one of these (grandchild or niece/nephew). Residence: Must have the same residence for more than half the year (exceptions apply). 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: Received more than half of their support from you. Joint Support: The child cannot file a joint return for the year (unless to claim a refund of taxes paid or withheld). The 4 tests that will qualify a relative as a dependent Not a Qualifying Child: They are not the “qualifying child” of another taxpayer or your “qualifying child.” Gross Income: The dependent being claimed earns less than $5,050 in 2024 ($4,700 in 2023). Total Support: You provide more than half of the total support for the year. Member of Household or Relationship: The person (a friend, girlfriend, non-blood relative) must live with you all year as a member of your household or be related to you. 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, for example, you can not still be married to someone else. (Also, check your individual state law, as 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). Dependent FAQ Question: My 26-year-old is living with me. He works and made more than $5,050 in 2024. 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 at least 5 months out of the year. To be considered a “qualifying relative”, his income must be less than $5,050 in 2024 ($4,700 in 2023). Question: I started 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 my boyfriend pays 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 as some states don’t comply with the federal law), supplies over half of your support, and you lived with him the entire year and did not earn more than $5,0500, 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 one month, can I claim him as a dependent? Answer: You cannot claim a spouse as a dependent. However, if you file married filing jointly, you may have more tax benefits. No matter what moves you made last year, TurboTax will make them count on your taxes. Whether you want to do your taxes yourself or have a TurboTax expert file for you, we’ll make sure you get every dollar you deserve and your biggest possible refund – guaranteed. Get started Previous Post Nanny and Housekeeper Tax Rules Next Post Fun in the Sun: Summer Day Camp Expenses May Qualify… Written by Lisa Greene-Lewis Lisa has over 20 years of experience in tax preparation. Her success is attributed to being able to interpret tax laws and help clients better understand them. She has held positions as a public auditor, controller, and operations manager. Lisa has appeared on the Steve Harvey Show, the Ellen Show, and major news broadcast to break down tax laws and help taxpayers understand what tax laws mean to them. For Lisa, getting timely and accurate information out to taxpayers to help them keep more of their money is paramount. More from Lisa Greene-Lewis Follow Lisa Greene-Lewis on Twitter. 1,003 responses to “Who Can I Claim as a Tax Dependent?” « Older Comments Newer Comments » 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. 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? 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 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? 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 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. 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? 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? 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. 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. 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. 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 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?? 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 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 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. 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? 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 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? Can I claim my 24 year old daughter if she is a full time student and only made $2700.00? 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? 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 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 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 My son is 15 years old & works in his schools cafeteria. I would like to know, can I still claim him as my dependent if he only earned $274.75? Hi Lisa, My 83 year old dad has been living with us since 2009 and we have been supporting him. We did not claim him for 2009 and 2010 but just claimed him in 2011. Can we still file an amended tax return for 2009 and 2010? 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 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 Can I claim my 6 month old grandaughter as a dependent. She lives with me as does her mother, my daughter. 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 I am married and we both work but we live at my parents house. Will they be able to claim us as dependents? 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 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 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 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 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? 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 I am also still waiting for a reply. My adult son, who was unable to work because of health issues, passed away the end of March. We provided 100% of his care and expenses. Can we claim him as a dependent? Thank you 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 my fiancee arrived with fiancee visa in november 2012 and we married in November 2012. Can I claim her and her son whom I sponsor in my taxes for that year. ie– joint tax return and one dependent (son) 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 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 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 My son is 20, & in his 2nd year at college. He lived in the dorm last year, was home all summer and moved into an apartment (MUCH cheaper than dorm!) near campus last month (often comes home on weekends to see friends, family, etc. and stays at home, and plans to come home for holidays/some breaks). He is going to school under the Post 911 GI Bill and receives a housing allowance for 9 mos. out of the year. He is working part-time /- $500 per month, but we pay for medical/dental expenses, auto insurance, clothing, some food, etc. Is he still able to be considered a dependent? Taking into consideration the full-time job he held during the summer, along with projected part-time earnings Sept-Dec, he’ll probably gross between 8-9k for 2012. My biggest concern is not the benefit to me of being able to claim him, but the ramifications for my son if he files on his own (I believe he claimed “0” since we’ve always claimed him on our return)…I’m worried that perhaps he didn’t have enough tax withheld this past year? Thanks in advance for some advice! 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 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? 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. 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. 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 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 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 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 Good morning Lisa, Can I claim my fiancee as a dependant if she lived with me, I supported her completely and she was a full time student in 2010 and 2011? She was 25 in 2010… Thanks! « Older Comments Newer Comments » Browse Related Articles Family What Is a Dependent? An Introductory Guide to Dependent… Deductions and Credits Child Tax Credit 101 Education Who Should Take Education Tax Breaks: Parents or Studen… Deductions and Credits Can I Claim my Girlfriend as a Dependent? Family Can I Write Off My Grandparent as a Dependent? Tax Deductions and Credits Can I Claim My Girlfriend or Boyfriend as a Dependent? Tax Planning Do You Financially Support Your Family Living Abroad? 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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.
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?
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
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?
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
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.
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?
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?
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.
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.
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.
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
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??
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
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
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.
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?
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
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?
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?
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
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
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
My son is 15 years old & works in his schools cafeteria. I would like to know, can I still claim him as my dependent if he only earned $274.75?
Hi Lisa, My 83 year old dad has been living with us since 2009 and we have been supporting him. We did not claim him for 2009 and 2010 but just claimed him in 2011. Can we still file an amended tax return for 2009 and 2010?
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
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
Can I claim my 6 month old grandaughter as a dependent. She lives with me as does her mother, my daughter.
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
I am married and we both work but we live at my parents house. Will they be able to claim us as dependents?
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
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
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
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
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?
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
I am also still waiting for a reply. My adult son, who was unable to work because of health issues, passed away the end of March. We provided 100% of his care and expenses. Can we claim him as a dependent? Thank you
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
my fiancee arrived with fiancee visa in november 2012 and we married in November 2012. Can I claim her and her son whom I sponsor in my taxes for that year. ie– joint tax return and one dependent (son)
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
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
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
My son is 20, & in his 2nd year at college. He lived in the dorm last year, was home all summer and moved into an apartment (MUCH cheaper than dorm!) near campus last month (often comes home on weekends to see friends, family, etc. and stays at home, and plans to come home for holidays/some breaks). He is going to school under the Post 911 GI Bill and receives a housing allowance for 9 mos. out of the year. He is working part-time /- $500 per month, but we pay for medical/dental expenses, auto insurance, clothing, some food, etc. Is he still able to be considered a dependent? Taking into consideration the full-time job he held during the summer, along with projected part-time earnings Sept-Dec, he’ll probably gross between 8-9k for 2012. My biggest concern is not the benefit to me of being able to claim him, but the ramifications for my son if he files on his own (I believe he claimed “0” since we’ve always claimed him on our return)…I’m worried that perhaps he didn’t have enough tax withheld this past year? Thanks in advance for some advice!
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
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?
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.
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.
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
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
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
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
Good morning Lisa, Can I claim my fiancee as a dependant if she lived with me, I supported her completely and she was a full time student in 2010 and 2011? She was 25 in 2010… Thanks!