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JKCPA
JKCPA, CPA
Category: Tax
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Experience:  CPA with tax experience.
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Can I claim my son on my tax return as a dependent who is incarcerated

Resolved Question:

Can I claim my son on my tax return as a dependent who is incarcerated? I send him money monthly, pay his life insurance, and maintain home until his return.
Submitted: 6 years ago.
Category: Tax
Expert:  JKCPA replied 6 years ago.

Hello,

 

Thanks for your question.

 

Yes, you can claim your son under the Qualifying Relative rule as a dependent if:

 

1) He does not file a married-joint return with someone

2) He is a resident of North America

3) He cannot be claimed by someone else as a dependent

4) His own gross income is less than $3,650 for 2009

5) You provided over half of his total support for 2009

 

For more info on these tests, see IRS Publication 17 Personal Exemptions and Dependents

 

Hope this helps,

Best regards,

 

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