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Lane
Lane, JD, CFP, MBA, CRPS
Category: Finance
Satisfied Customers: 10162
Experience:  Law Degree, specialization in Tax Law and Corporate Law, CFP and MBA, Providing Financial & Tax advice since 1986
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I have a special need person lives with me. Can I claim m on

Customer Question

I have a special need person lives with me. Can I claim him on my taxes. I have legal guardianship by the court.
Submitted: 10 months ago.
Category: Finance
Expert:  Lane replied 10 months ago.

I hold a JD (Juris Doctorate, a doctoral degree in the law), with concentration in Tax Law, Estate law & Corporate law, an MBA, with specialization in finance & tax, as well as CFP® and CRPS designations. - I’ve been providing financial & tax advice since 1986.

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Hi, I can help here

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Yes, as long as you pass the test for (don't let the terminology throw you) "qualifying relative" ... a better name would be qualifying person.

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Hang on and I get the regs for you

Expert:  Lane replied 10 months ago.

As I mentioned, despite the name, a Qualifying Relative does not necessarily have to be related to you.

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  1. The individual cannot be your Qualifying Child and cannot be someone else's Qualifying Child. They are a Qualifying Child if they meet all the requirements, whether or not they are claimed as a dependent by them.
  2. The person must either have lived with you for the entire year as a member of the household (a person who is not actually related to you may meet the requirements in this way), or be related to you in one of the following ways: your child, stepchild, grandchild or other descendant of one of your children (or stepchildren or foster children), etc (I won't go further here, because you meet the test through the person living with you)
  3. The person must have made less than $4,000 in gross income during 2015, and
  4. You must have provided more than half of the individual's total support during the year.
Expert:  Lane replied 10 months ago.

By the way, the 4000 test is qualified this way:

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From IRS:

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For purposes of this test, the gross income of an individual who is permanently and totally disabled at any time during the year does not include income for services the individual performs at a sheltered workshop. Gross income means all income the person received in the form of money, goods, property and services, that is not exempt from tax. Do not include social security benefits unless the person is married filing a separate return and lived with their spouse at any time during the tax year or if 1/2 the social security benefits plus their other gross income and tax exempt interest is more than $25,000 ($32,000 if MFJ).

Expert:  Lane replied 10 months ago.

Let me know how you stack up against this and we can go from there. ... Guardianship itself does not automatically grant the dependency exemption, but as you can see you likely qualify anyway under the qualifying relative, friend, other test.

Expert:  Lane replied 10 months ago.

Hope this has helped … let me know if you have questions

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If this HAS helped, (and you don’t have additional questions on this), I'd really appreciate your positive rating … (by using the stars or rating request on your screen) … … That’s the only way I'll be credited a portion of what you've paid JustAnswer.

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Thank you,

Lane

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Expert:  Lane replied 10 months ago.

Hi,
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I’m just checking back in to see how things are going.
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Did my answer help?
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Let me know…
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Thanks
Lane

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