Have a Tax Question? Ask a Tax Expert
Thank you for using Just Answer.
I f your daughter filed her tax return already and did not mark that she could be claimed by someone else then you would not be allowed to claim her and e-file. That being said let me explain who can be your dependent.
There are 2 possibilities for claiming your daughter. The first is to classify her as a qualifying child. There are 4 tests to meet for this.
Relationship - the person must be your child, step child, adopted child, foster child, brother or sister, or a descendant of one of these (for example, a grandchild or nephew).
Residence - for more than half the year, the person must have the same residence as you do.
Age - the person must be under age 19 at the end of the year, or under age 24 and a be a full-time student for at least five months out of the year, or any age and totally and permanently disabled.
Support - the person did not provide more than half of his or her own support during the year.
Since all the above must apply your daughter cannot be classified because of her age.
The next would be as a Relative.
All the following tests must be met to be a Qualifying Relative:
Not a qualifying child - The dependent cannot be a qualifying child of another taxpayer.
Gross Income - The dependent earns less than the personal exemption amount during the year. For 2009 and 2010, this means the dependent earns less than $3,650.
Total Support - You provide more than half of the dependent's total support during the year.
Relationship - You are related to the dependent in certain ways.
Joint Return - If the dependent is married, the dependent cannot file a joint return with his or her spouse.
Citizenship - The dependent must be a citizen or resident alien of the United States, Canada, or Mexico.
Your daughter made over the limit for Gross Income. Because of this you are not allowed to claim her as a dependent.
I sincerely XXXXX XXXXX information is useful to you,