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Richard, Tax Attorney
Category: Tax
Satisfied Customers: 53715
Experience:  29 years of experience as a tax, real estate, and business attorney.
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Can I claim my 20 year old as a dependent?

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How can I claim my 20 year old son as a dependent, when he makes 13K a year at his job?

Good morning. Here are the rules for being able to claim your son as a dependent....

To be claimed as a qualifying child, the person must meet four criteria:

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.

Richard and other Tax Specialists are ready to help you
Customer: replied 6 years ago.

My son works a part-time job – four days a week. He is a full-time college student in which I am paying for. I am also paying for his medical/dental insurance through my employer. I need to know how to list him as a dependent on my taxes. I also need to know how he will need to file his income taxes. If I claim him as a dependent, then he has to claim zero dependents on this tax forms. This means he has to pay the IRS taxes at a higher rate because he is claiming no dependents. What do I do?

Unfortunately, you can't both claim him. Given your facts, you can sustain the argument for claiming him, but if you do, he cannot claim himself. You guys will just need to decide who gets the exemption.
Customer: replied 6 years ago.

It’s not the exemption I am worried about. It’s my son’s tax consequences if I take the exemption. I guess what I need to know is 1. If I claim him, does he still need to file a return? If so, 2. Will he have to pay taxes on the higher “no exemptions’ status?

Yes, if you take the exemption and he has no deductions, he will need to file a return and will pay taxes. Part of his income will be taxed at 10% and part will be taxed at 15%.

Richard and other Tax Specialists are ready to help you
Customer: replied 6 years ago.

Okay, thank you.