Tax Tips Who Can I Claim as a Dependent for This Tax Year? 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 TurboTaxBlogTeam Published Mar 29, 2011 - [Updated Jun 12, 2019] 3 min read That is one of the trickiest questions when it comes to preparing your taxes. It’s so difficult because the nature of families has changed so much. Back in the days before divorce was as common as it is today, claiming a dependent was easy. Two parents meant one married filed jointly return that claimed all the children. Today, just having the parents separated and filing two returns can mean audits if you’re not careful! It’s also important to make sure you’re claiming every dependent you can. If this recent economic crisis has taught us anything, it’s that it’s very important to get your taxes right so you get the largest refund you’re entitled to. Last year, the average tax refund was nearly three thousand dollars according to the IRS. Who wouldn’t want an extra $3,000 to help with bills this year? So, let’s discuss how the rules have changed and who you can claim as a dependent for the tax year 2010. Qualifying Dependents By definition, a dependent is someone who is a qualifying child or qualifying relative, which by definition makes it only possible for that dependent to appear on one tax return. When it comes to deciding if someone is a qualifying child or relative, qualifying child takes precedence if the individual satisfies all the requirements.. Qualifying Child To be considered a qualifying child, you need to satisfy four criteria – relationship, residence, age, and support. On relationship, the child must be your child, step child, adopted or foster child, brother or sister, or a descendant of one of these (so nephews count too). They must live with you for more than half the year (residence) and be under the age of nineteen unless they are in college, then the age limit rises to twenty four. The age restriction is removed if they are totally and permanently disabled. Finally, you must provide more than half of his or her financial support during the year. Qualifying Relative To satisfy the requirements to be a qualifying relative, there are six requirements. First, they can’t be a qualifying child. They have to earn less than the personal exemption amount during the year, which for TY2010 was $3,650. You must also provide more than half of the total support. If they are married, they cannot file a joint return with their spouse (this would be double counting). They must be related to you in some way (the laundry list includes every conceivable familial relationship you can think of) or live with you for the entire year. Finally, they have to be a citizen or resident alien of the United States, Canada, or Mexico. As you can see, many of the rules exist so that one dependent cannot be claimed on two returns. Finally, we leave with this word of warning. This is also one of the areas where being accurate is crucial. If you claim someone who is already being claimed by another taxpayer, you’ll get audited regardless of which tax bracket you’re in. This makes it especially important for divorced parents to communicate with one another. Previous Post How to Find Your Tax Refund Next Post X Common Mistakes on Tax Returns & How to Avoid… Written by TurboTaxBlogTeam More from TurboTaxBlogTeam 203 responses to “Who Can I Claim as a Dependent for This Tax Year?” « Older Comments i supported my wife all of 2018 and got divorced on 12/18/18. can i still claim her as a dependant? for the year 2018? they told me i have to file single. Reply If my daughter was born in august can she still count as a qualifying child? Reply Hi Katelyn, Yes, even if she was born on December 31 she could still qualify. Make sure you have her social security number when you file your taxes. You have to include her social security number to claim her and get valuable tax deductions and credits for her. Thank you, Lisa Greene-Lewis Reply My kids father and I are have not been together for 14 months, 11 of which the children spent with me. We do not have a custody agreement, but he has helped with money for the children. He has not helped in 6 months. He wants to claim one of our two boys. Can he legally claim one considering I had them 70% of the year? I have documents to show that they went to daycare and I had them. Reply If I support myself fully but my mother pays for dental and medical is she allowed to still claim me as a dependent. I am a college student and my scholarships pay for tuition. Reply Can I claim my daughter she is on ssi an has a 3 year so she is 43 I am there payee an take care of them .,I am retired an am 67 . I don’t work an only take in $1400 a month, would like some info please thxs Reply Can I claim my mom as my dependent if she lives with me and doesn’t work but made $1300 for babysitting for part of the year? Reply I just want to ask. Ok am disable and live with my daughter and her family for the past 5 years can they claim me on their taxes Reply Yes, absolutely Reply Im 28, and dating someone 55years of age who also happens to collect social security each month. Can I file them. Reply Hi I reside with my daughter. I made less than $2000 last year. Can my daughter claim me? Do I still file as I received a w2? Thank you Reply I’m 42 in school and work full time I made 20,000 for the yr , I also have a 18 yr old STILL in high school will I get back more than 1200$ , and me and my husband are filing separately or should we file jointly Reply My boyfriend only worked a couple months due to stroke spots this year could i claim him as a dependent if he only worked for a couple months and mad a little over 4,000 Reply Hi, I have a disabled son, 41 years old. He doesn’t work but collects SS disability. He lives with his mother but she doesn’t work either, she’s on SS. She doesn’t claim him on her taxes. I pay all his medical and dental bills, buy his clothes, and give him $500 per month. Can I claim him as a dependent? Reply My brother is 19 and graduated from high school may 2015 can I file him as student since he was enrolled for 5 months Reply Can i add my sister to taxes if I provided for her from Jan 2015- sept 2015, if she is doing taxes for only working from oct 2015-Dec 2015. Reply My daughter is 17. She receives dependent benefits from her fathers disability and she’s worked part time since May 2015. Do I need to file her income from working? Reply Hi both of my daughters lived with me from Jan 1st until July then with there mother the rest of the year do I get to claim one or both of them? Reply I’m a widow of 7 years. I have a disabled daughter who lives with me and I care for. We both receive social security combined income of 2,400 a month. I have claimed my daughter for 28 years. Last year by claiming her, I lost both our Medicaid insurance because the Obama health care counts social security as income. This year I have state Medicaid insurance, but I’m not claiming my daughter. Is this correct? Reply my daughter was born june 2015. can I claim her on my taxes? Reply Can I claim my wife and her son for the whole year if we were married on Dec 28 2015.They received state aid for food throughout the year? Reply Son does not have job (legitimately) is 48 has no disabilities, has always lived with mother Who is 69 and in poor health. Can she claim him? Reply I turned 18 in July 2015 and have lived with my boyfriend since 2014. My dad told me that since he payed child support on me until I turned 18 that my boyfriend could not claim me. I was hoping that he could seeing as how we have a 5 almost 6 month old daughter and are in need of a family home. Can he claim me or does my dad claim me? Reply There is a lot of red tape when it comes to claiming a dependant. Who did you live with for more than 6 months, how much income did you earn, are you in college, is there a parental agreement that says he can claim you. Try using the following link from your boyfriends point of view to see if he can even claim you as a dependant. https://www.irs.gov/uac/Who-Can-I-Claim-as-a-Dependent%3F Reply We were awarded permanent legal custody of our nieces and nephews from foster care in Aug 2015. Are we able to claim them for the entire year as we have permanent custody or for the 5 months after the court order was issued (literally 34 days shy of 6 months). Reply How can I claim my son if he is with CPS. None of the foster parents took care of him for more than 6 months, and I provided child support thru the whole year. Yes, he did not live with me last year. I still have 40% of the custody , and since CPS is a governmental agency and does not pay taxes. I thought there was a way to claim him. I wonder if the 8332 form is needed or I can just claim him. Thanks Reply If I am forced to divorce my wife who is permanently disabled due to a traumatic brain injury because the State will not provide sufficient assistance, but I still provide care for her at our home 24/7, including paying for all in home nursing care, and all other needs, how will that effect my taxes and what do I claim? Reply Ok, so I found out in march via a paternity test, that I have a biological daughter to my Ex-girlfriend. Following that, she ended up taking me to court for child support. In June, I started making child support payments via my paycheck. The back support has been set, I make regular payments from my paychecks. My daughter does not live with me, nor do I get to see her at all. With all that in mind, am I still able to claim a dependent on my taxes this year? Do I have to claim my child support payments on my taxes? Any info regarding child support and my taxes would help as this is the first tax year that Ive been paying anything Reply I am wondering if my boyfriend can claim me as a dependent? I attended graduate school all this year and made less than 3,950. We live together however my legal address is not the same as his. Reply Hello my daughter is 18 and is a senior in high school, she worked this year and earned 5000.00. Can I still claim her on my income tax as a dependent? Reply I have a daughter who turned 24 on December 29th. She meets all of the six requirements for a dependant child except the age. She graduated mid May as a full time student from college. She made about $ 15k over the tax year. Can we still claim her as a dependant? Reply Hi Pat, Unfortunately since your daughter turned 24 in 2014 she could only be considered a “qualifying relative” so you could not claim her since she made over $3,950. Income does not come into play for a “qualifying child”, but they have to be under 19 or under 24 if a full time student. Thank you, Lisa Greene-Lewis Reply Can I claim my daughter she is disabled and lives with me all year round and still goes to school but turned 18 on 02/19/2015 Reply I just turned 24 on January 21st, 2015. For my taxes this year can my mom still claim me or no? I am in college full time but I didn’t know if I was too old. Thanks! Reply Hi Alex, If you were a student last year and you didn’t provide over half of your support then she can claim you. Thank you, Lisa Greene-Lewis Reply If i have a w-2 from last yr but didn’t make that much can i still claim my two boys. My mom only worked for a couple of months can I still claim her as an dependent Reply Hi, If you provided over half of her support and she didn’t make over $3,950 in taxable income. Thank you, Lisa Greene-Lewis Reply My daughter is a full time college student and works part time, she made over $13,000 and lives at home. I still provided more than half support. Can I still claim her as my child dependent? Reply Hi, It depends on her age. If she is a full-time college student, but is under 24 you can still claim her as a “qualifying Child” and her income will not come into play, but if she is over 24 she would not be able to make over $3,950. Thank you, Lisa Greene-Lewis Reply my daughter graduated high school beginning of june, moved to north Dakota in august to go to school, turned 19 in sept and got married in Oct, do I claim her as a dependent or does her husband and herself file together? Reply Hi Cheryl, Once someone is married they have to file as married. You could not claim her unless they were only filing together to get a refund of federal taxes taken out or estimated taxes paid. In addition you could not claim her if they had a dependent child that they are claiming. Thank you, Lisa Greene-Lewis Reply My daughter graduated in June. Turned 18 and moved out in august. She also had a part time job all year. Can I claim her as a dependant. Reply « Older Comments Leave a ReplyCancel reply Browse Related Articles Tax Planning TurboTax Enables Refund Advance to Taxpayers Investments Tax Benefits of Real Estate Investing Self-Employed Business Tax Checklist: What You’ll Need When Filing Uncategorized What Is Deferred Compensation & How Is It Taxed? Investments How Does an Inherited IRA Work? Work Choosing Your Business Structure: 5 Types of Businesses… Tax Deductions and Credits Are HOA Fees Tax Deductible? What You Need to Know Crypto Understanding Crypto and Capital Gains Work 7 Things You Need to Know About the New Business Report… Work Using Form 8829 to Write-Off Business Use of Your Home
i supported my wife all of 2018 and got divorced on 12/18/18. can i still claim her as a dependant? for the year 2018? they told me i have to file single. Reply
Hi Katelyn, Yes, even if she was born on December 31 she could still qualify. Make sure you have her social security number when you file your taxes. You have to include her social security number to claim her and get valuable tax deductions and credits for her. Thank you, Lisa Greene-Lewis Reply
My kids father and I are have not been together for 14 months, 11 of which the children spent with me. We do not have a custody agreement, but he has helped with money for the children. He has not helped in 6 months. He wants to claim one of our two boys. Can he legally claim one considering I had them 70% of the year? I have documents to show that they went to daycare and I had them. Reply
If I support myself fully but my mother pays for dental and medical is she allowed to still claim me as a dependent. I am a college student and my scholarships pay for tuition. Reply
Can I claim my daughter she is on ssi an has a 3 year so she is 43 I am there payee an take care of them .,I am retired an am 67 . I don’t work an only take in $1400 a month, would like some info please thxs Reply
Can I claim my mom as my dependent if she lives with me and doesn’t work but made $1300 for babysitting for part of the year? Reply
I just want to ask. Ok am disable and live with my daughter and her family for the past 5 years can they claim me on their taxes Reply
Im 28, and dating someone 55years of age who also happens to collect social security each month. Can I file them. Reply
Hi I reside with my daughter. I made less than $2000 last year. Can my daughter claim me? Do I still file as I received a w2? Thank you Reply
I’m 42 in school and work full time I made 20,000 for the yr , I also have a 18 yr old STILL in high school will I get back more than 1200$ , and me and my husband are filing separately or should we file jointly Reply
My boyfriend only worked a couple months due to stroke spots this year could i claim him as a dependent if he only worked for a couple months and mad a little over 4,000 Reply
Hi, I have a disabled son, 41 years old. He doesn’t work but collects SS disability. He lives with his mother but she doesn’t work either, she’s on SS. She doesn’t claim him on her taxes. I pay all his medical and dental bills, buy his clothes, and give him $500 per month. Can I claim him as a dependent? Reply
My brother is 19 and graduated from high school may 2015 can I file him as student since he was enrolled for 5 months Reply
Can i add my sister to taxes if I provided for her from Jan 2015- sept 2015, if she is doing taxes for only working from oct 2015-Dec 2015. Reply
My daughter is 17. She receives dependent benefits from her fathers disability and she’s worked part time since May 2015. Do I need to file her income from working? Reply
Hi both of my daughters lived with me from Jan 1st until July then with there mother the rest of the year do I get to claim one or both of them? Reply
I’m a widow of 7 years. I have a disabled daughter who lives with me and I care for. We both receive social security combined income of 2,400 a month. I have claimed my daughter for 28 years. Last year by claiming her, I lost both our Medicaid insurance because the Obama health care counts social security as income. This year I have state Medicaid insurance, but I’m not claiming my daughter. Is this correct? Reply
Can I claim my wife and her son for the whole year if we were married on Dec 28 2015.They received state aid for food throughout the year? Reply
Son does not have job (legitimately) is 48 has no disabilities, has always lived with mother Who is 69 and in poor health. Can she claim him? Reply
I turned 18 in July 2015 and have lived with my boyfriend since 2014. My dad told me that since he payed child support on me until I turned 18 that my boyfriend could not claim me. I was hoping that he could seeing as how we have a 5 almost 6 month old daughter and are in need of a family home. Can he claim me or does my dad claim me? Reply
There is a lot of red tape when it comes to claiming a dependant. Who did you live with for more than 6 months, how much income did you earn, are you in college, is there a parental agreement that says he can claim you. Try using the following link from your boyfriends point of view to see if he can even claim you as a dependant. https://www.irs.gov/uac/Who-Can-I-Claim-as-a-Dependent%3F Reply
We were awarded permanent legal custody of our nieces and nephews from foster care in Aug 2015. Are we able to claim them for the entire year as we have permanent custody or for the 5 months after the court order was issued (literally 34 days shy of 6 months). Reply
How can I claim my son if he is with CPS. None of the foster parents took care of him for more than 6 months, and I provided child support thru the whole year. Yes, he did not live with me last year. I still have 40% of the custody , and since CPS is a governmental agency and does not pay taxes. I thought there was a way to claim him. I wonder if the 8332 form is needed or I can just claim him. Thanks Reply
If I am forced to divorce my wife who is permanently disabled due to a traumatic brain injury because the State will not provide sufficient assistance, but I still provide care for her at our home 24/7, including paying for all in home nursing care, and all other needs, how will that effect my taxes and what do I claim? Reply
Ok, so I found out in march via a paternity test, that I have a biological daughter to my Ex-girlfriend. Following that, she ended up taking me to court for child support. In June, I started making child support payments via my paycheck. The back support has been set, I make regular payments from my paychecks. My daughter does not live with me, nor do I get to see her at all. With all that in mind, am I still able to claim a dependent on my taxes this year? Do I have to claim my child support payments on my taxes? Any info regarding child support and my taxes would help as this is the first tax year that Ive been paying anything Reply
I am wondering if my boyfriend can claim me as a dependent? I attended graduate school all this year and made less than 3,950. We live together however my legal address is not the same as his. Reply
Hello my daughter is 18 and is a senior in high school, she worked this year and earned 5000.00. Can I still claim her on my income tax as a dependent? Reply
I have a daughter who turned 24 on December 29th. She meets all of the six requirements for a dependant child except the age. She graduated mid May as a full time student from college. She made about $ 15k over the tax year. Can we still claim her as a dependant? Reply
Hi Pat, Unfortunately since your daughter turned 24 in 2014 she could only be considered a “qualifying relative” so you could not claim her since she made over $3,950. Income does not come into play for a “qualifying child”, but they have to be under 19 or under 24 if a full time student. Thank you, Lisa Greene-Lewis Reply
Can I claim my daughter she is disabled and lives with me all year round and still goes to school but turned 18 on 02/19/2015 Reply
I just turned 24 on January 21st, 2015. For my taxes this year can my mom still claim me or no? I am in college full time but I didn’t know if I was too old. Thanks! Reply
Hi Alex, If you were a student last year and you didn’t provide over half of your support then she can claim you. Thank you, Lisa Greene-Lewis Reply
Hi, If you provided over half of her support and she didn’t make over $3,950 in taxable income. Thank you, Lisa Greene-Lewis Reply
My daughter is a full time college student and works part time, she made over $13,000 and lives at home. I still provided more than half support. Can I still claim her as my child dependent? Reply
Hi, It depends on her age. If she is a full-time college student, but is under 24 you can still claim her as a “qualifying Child” and her income will not come into play, but if she is over 24 she would not be able to make over $3,950. Thank you, Lisa Greene-Lewis Reply
my daughter graduated high school beginning of june, moved to north Dakota in august to go to school, turned 19 in sept and got married in Oct, do I claim her as a dependent or does her husband and herself file together? Reply
Hi Cheryl, Once someone is married they have to file as married. You could not claim her unless they were only filing together to get a refund of federal taxes taken out or estimated taxes paid. In addition you could not claim her if they had a dependent child that they are claiming. Thank you, Lisa Greene-Lewis Reply
My daughter graduated in June. Turned 18 and moved out in august. She also had a part time job all year. Can I claim her as a dependant. Reply