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Can we claim my son as a dependent, does not live with us, but we provided 100% support?

Forum|Forum|6 years ago
May 31, 2019
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Can he also file himself and claim the child care tax credit?

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Best answer by DoninGA

A dependent cannot claim someone else as a dependent on their tax return so they could not claim any child care credit.

If your son is age 19 or older and not a full time student, then you would only be able to claim him as a dependent under the Qualifying Relative rules if he meets all the requirements.

Qualifying Relative -

1. The person cannot be your qualifying child or the qualifying child of any other taxpayer. A child is not the qualifying child of any other taxpayer if the child's parent (or any other person for whom the child is defined as a qualifying child) is not required to file an income tax return or files an income tax return only to get a refund on income tax withheld.

2. The person either (a) must be related to you or (b) must live with you all year as a member of your household.

3. The person's gross income for the year must be less than $4,000 (social security does not count) in 2015

4. You must provide more than half of the person's total support for the year.

5. The person must be a U.S. citizen or a U.S., Canada, or Mexico resident for some part of the year.

6. The person must not file a joint return with their spouse.

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SweetieJean

How old is he? And how do you provide 100% of his support if he does not live with you? Do you pay for his housing, utilities, food, etc?

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SweetieJean

"Can he also file himself and claim the child care tax credit?" If he qualifies is your dependent, he cannot claim dependents of his own.

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triff80Author

he is 53 years old and suffers with a medical problem and has not received disability yet and we have paid 100% of his expenses, house payment, insurance, all utilities etc.

Critter

If he qualifies as your dependent and for the Child Tax Credit then you may claim both of them. See form 2441 rules here: <a rel="nofollow" target="_blank" href="https://www.irs.gov/pub/irs-pdf/i2441.pdf">https://www.irs.gov/pub/irs-pdf/i2441.pdf</a>

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TaxGuyBill

He must be under age 17 for you to receive the Child Tax Credit.

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triff80Author

I meant the child tax credit, not child care credit

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triff80Author

I am not asking if we can claim the credit, but can we claim our 53 year old son on our taxes and can he still file, claiming his 17 year old daughter as a dependent and get the child tax credit?

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TaxGuyBill

Sorry, I misunderstood.

No, he can't. First thing is the the daughter is 17, which is too old. Second, if he is ABLE to be claimed a dependent, he can not claim a dependent.

If there isn't another adult in the home with them, you might be able to also claim his daughter as a dependent, but not for the Child Tax Credit.

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triff80Author

he is 53 and yes we paid his house payment utilities child support all of it

DoninGAAnswer

A dependent cannot claim someone else as a dependent on their tax return so they could not claim any child care credit.

If your son is age 19 or older and not a full time student, then you would only be able to claim him as a dependent under the Qualifying Relative rules if he meets all the requirements.

Qualifying Relative -

1. The person cannot be your qualifying child or the qualifying child of any other taxpayer. A child is not the qualifying child of any other taxpayer if the child's parent (or any other person for whom the child is defined as a qualifying child) is not required to file an income tax return or files an income tax return only to get a refund on income tax withheld.

2. The person either (a) must be related to you or (b) must live with you all year as a member of your household.

3. The person's gross income for the year must be less than $4,000 (social security does not count) in 2015

4. You must provide more than half of the person's total support for the year.

5. The person must be a U.S. citizen or a U.S., Canada, or Mexico resident for some part of the year.

6. The person must not file a joint return with their spouse.