CLAIMING A DEPENDENT ON YOUR TAX RETURN
NOTE: In order to claim a dependent, the IRS Tax Code has very specific rules and requirements which must be met. IRS Publication #501 provides detailed information you will want to be aware of.
The term "dependent" means:
1-A qualifying child, or
2-A qualifying relative
Here is an overview of the rules for Claiming a Dependent. IRS Publication #501 has more details.
The Rules:
1-You cannot claim any dependents if you, or your spouse if filing a joint tax return, could be claimed as a dependent by another taxpayer
2-You can't claim a married person who files a joint return as a dependent UNLESS that joint return is filed ONLY to claim a refund of withheld tax or estimated tax paid.
3-You can't claim a person as a dependent unless that person is a U.S. citizen, U.S. resident alien, U.S. nationa;, or a resident of Canada or Mexico. (An exception exists for certain adopted children).
4-Your spouse is NEVER your dependent.
5-You can't claim a person as a dependent unless that person is your QUALIFYING CHILD or QUALIFYING RELATIVE.
QUALIFYING CHILD-ALL 5 TESTS MUST BE MET---AGAIN ALL 5 TESTS
1-The child must be your son, daughter, stepchild, foster child, brother, sister, half brother, half sister, stepbrother, stepsister, or a descedant 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 a jointly
(c) any age if permanently and totally disabled
3-The child must have lived with you for MORE THAN HALF of the year (exceptions exist for temporary adsences, children who were born or died during the year, children of divorced or separated parents or parents who live apart, and kidnapped children.
4-The CHILD must NOT have provided MORE THAN HALF of his or her own support for the year.
5-The child must not be filing a joint return for the year (unless that joint return is filed ONLY to claim a refund of withheld or estimated tax).
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. (There are various rules to determine which person is the person entitled to claim the child as a QUALIFYING CHILD).
QUALIFYING RELATIVE-ALL 4 TESTS MUST BE MET----AGAIN ALL 4 TESTS
1-The person can't be your qualifying child or the qualifying child of anyone else.
2-The person either
(a) must be related to you in one of the ways listed under RELATIVES WHO DON'T HAVE TO LIVE WITH YOU in IRS Publication #501 OR
(b) must live with you ALL YEAR as a member of your household (and your relationship must noy violate local law).
3-The person's GROSS income for the year must be less than the amount allowed by the IRS for the particular year in question.
4-YOU must provide more than half of the person's total support for the year.
CALL NOW 561-746-1926 or 561-339-8102 if you have any questions or concerns or would like to schedule a FREE, Confidential, No-Obligation Tax-Saving Consultation.