PostHeaderIcon Who Can I Claim As A Dependent?

Dependents:

Who can I claim as a dependent on my form 1040 tax return.  We will just cover some basics about who you can claim as a dependent on your return.  This can become very complicated so we will try to keep in simple for this post.  So we will consider if a dependent must live with you and if so for how much of the year, if they must be related, and what about if they have a job or some source of income.

First, you can claim a dependent even if they file their own return.  They just cannot take an exemption for themselves on their return.  They do this by indicating that someone else is claiming them.

A dependent can be either a qualifying child or a qualifying relative.  You can claim a dependency exemption for a “qualifying child” or “qualifying relative” if three tests are met: the dependent taxpayer test, joint return test, and citizen or resident test.  Here is a table from IRS publication 501 with an overview of the dependency rules.

  • You cannot claim any dependents if you, or your spouse if filing jointly, could be claimed as a dependent by another taxpayer.
  • You cannot claim a married person who files a joint return as a dependent unless that joint return is only a claim for refund and there would be no tax liability for either spouse on separate returns.
  • You cannot claim a person as a dependent unless that person is a U.S. citizen, U.S. resident alien, U.S. national, or a resident of Canada or Mexico.1
  • You cannot claim a person as a dependent unless that person is your qualifying child or qualifying relative.
Tests To Be a Qualifying Child Tests To Be a Qualifying Relative
  1. The child must be your son, daughter, stepchild, foster child, brother, sister, half brother, half sister, stepbrother, stepsister, or a descendant of any of them.
  2. The child must be (a) under age 19 at the end of the year and younger than you (or your spouse, if filing jointly), (b) under age 24 at the end of the year, a full-time student, and younger than you (or your spouse, if filing jointly), or (c) any age if permanently and totally disabled.
  3. The child must have lived with you for more than half of the year.2
  4. The child must not have provided more than half of his or her own support for the year.
  5. The child is not filing a joint return for the year (unless that joint return is filed only as a claim for refund).

If the child meets the rules to be a qualifying child of more than one person, only one person can actually treat the child as a qualifying child. See the Special Rule for Qualifying Child of More Than One Person described later to find out which person is the person entitled to claim the child as a qualifying child.

  1. The person cannot be your qualifying child or the qualifying child of any other taxpayer.
  2. The person either (a) must be related to you in one of the ways listed under Relatives who do not have to live with you , or (b) must live with you all year as a member of your household2 (and your relationship must not violate local law).
  3. The person’s gross income for the year must be less than $3,650.3
  4. You must provide more than half of the person’s total support for the year.4
1There is an exception for certain adopted children.
2There are exceptions for temporary absences, children who were born or died during the year, children of divorced or separated parents or
parents who live apart, and kidnapped children.
3There is an exception if the person is disabled and has income from a sheltered workshop.
4There are exceptions for multiple support agreements, children of divorced or separated parents or parents who live apart, and kidnapped
children.

Note there are always exceptions and special circumstances so for more detail refer to IRS publication 501.

But Mr. CPA, can I claim my housekeeper, maid or servant?  No.  But they live with me and I provide over half their cost of living.  Still the answer is no according to the IRS.  See IRS publication 501.

For assistance from a CPA to prepare your tax returns give call me or email me today at:

Jeff Haywood, CPA
972-439-1955
jeff.jhtaxes@gmail.com

I prepare the following types of tax returns:

Personal
Business
Estates
Trusts
Federal and State Returns

Also, I am available for tax planning and discussions about business, retirement planning and life goals.

For more US income tax content see the following links:

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As always keep in mind that the content provide on this site is general in nature and may or may not apply to your particular case. It is best to check with a tax professional about your circumstances and what is best for you personally. Also, IRS regulations and tax laws are constantly changing and the information on this site is not constantly updated. Again please check with me about your particular circumstances and what will be best in your situation at the given time and law.

This article was written by Jeff Haywood, CPA.
Jeff is a licensed CPA in both Texas and Illinois.
He has prepared income tax returns for the public for over 10 years.
He also has an MBA in Finance from Loyola University in Chicago and he has 24 years experience in Corporate Finance and Business Analysis.


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