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If I don't work in 2016 can I claim my daughter on my taxes

Forum|Forum|6 years ago
June 1, 2019
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Best answer by Hal_Al

The money you hear about people getting for just filing a tax return claiming kids requires you to have some earned income (wages or self employment). Without earned income, you are not eligible for the "refundable" Earned Income Credit or Additional Child Tax Credit.

If you are over age 23, and are not claimed as a dependent by someone else (e.g. your parent) you may be eligible for the up to $1000 refundable American Opportunity (tuition) Credit. That credit is not dependent on having either kids or earned income. You must be at least a half time undergraduate student and actually paid tuition (not just had it paid by grants). Tuition paid by loans counts as paid by you (since you have to pay that back, someday). But if you lived with your fiance, all year, he can claim the tuition credit if he claims you as a dependent.

A child can be the “qualifying child” dependent of any close relative in the household. If you live with someone else, e.g. your parents, it may be better if they claim your child.

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SweetieJean

Any 2016 income at all? Unemployment comp? How do you support yourself and her?

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SLJ1016Author

My fiancé is paying for everything.

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SweetieJean

Is your fiance her father? Will all of you live together all of 2016?

rjs

If you have no income at all, there is no reason for you to file a tax return. If you did file, you could probably claim your daughter as a dependent, but it wouldn't do you any good. Filing a return with no income at all is not going to get you any money.

If you and your daughter live with your fiancé, it would be better if you don't file a tax return. Then your fiancé might be able to claim both you and your daughter as dependents.

Hal_AlAnswer

The money you hear about people getting for just filing a tax return claiming kids requires you to have some earned income (wages or self employment). Without earned income, you are not eligible for the "refundable" Earned Income Credit or Additional Child Tax Credit.

If you are over age 23, and are not claimed as a dependent by someone else (e.g. your parent) you may be eligible for the up to $1000 refundable American Opportunity (tuition) Credit. That credit is not dependent on having either kids or earned income. You must be at least a half time undergraduate student and actually paid tuition (not just had it paid by grants). Tuition paid by loans counts as paid by you (since you have to pay that back, someday). But if you lived with your fiance, all year, he can claim the tuition credit if he claims you as a dependent.

A child can be the “qualifying child” dependent of any close relative in the household. If you live with someone else, e.g. your parents, it may be better if they claim your child.

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Opus 17

There are a number of variations but this should cover most of the options. If your situation is different, add more details below please.

In general, the only requirement to claim a biological or legally adopted child who is 18 or less as a dependent is that you must have custody more than half the year. It doesn't matter if you don't pay for the support or don't work. (It does matter if the child earns more than half their own support, but that is rare—child actors etc.)

However, if you are single and earned less than $10,300, you don't need to file a tax return at all. If you earned some money but less than $10,300, you can file and claim the child because you might get some earned income credit. But if you have no income then you won't get anything for filing a tax return with or without a dependent.

Your fiancé can possibly claim your child as a dependent instead. He or she can do this if the child lived with the finance for all 366 days of 2016, AND they paid more than half the child's total support, AND you don't file a tax return or you do file a tax return but you earned less than $10,300 and don't claim the child as a dependent.

Your finance can also possibly claim you as a dependent if you lived with him all 366 days of 2016, and they paid more than half your support, and you earned less than $4000 and you don't file a tax return.