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Merlo, Accountant
Category: Tax
Satisfied Customers: 9783
Experience:  25+ years tax consulting. Specializing in returns for US citizens living abroad
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I am divorced. I was claiming my daughter on my taxes but

Resolved Question:

I am divorced. I was claiming my daughter on my taxes but she turned 18 on May 2008. Can I legally claim her on my taxes for 2008? She goes to college and lives on her own. My daughter wants to file her own taxes for 2008 because I no longer support her. Will I get into trouble with the IRS if I still claim her even if she does her own taxes?
Submitted: 8 years ago.
Category: Tax
Expert:  Merlo replied 8 years ago.

Does your daughter still live with you for most of the year?

Customer: replied 8 years ago.

She lived with me from June until September then she moved out and went to college. She lived with her mother from January-June.

Expert:  Merlo replied 8 years ago.

In order for you to still claim your daughter as a dependent, all of the following rules would have to be met:

1. She is under age 19 or under age 24 and a full time student.
2. She lived with you for most of the year
3. She did not provide for than half of her own support

She qualifies as far as age, and would possibly still qualify on point #3 for the support, as support would include the fact that you provided a home and paid the costs for keeping up that home.

However, since she only lived with you for not more than 4 months, it would actually be the mother who had the right to claim her as a dependent.

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Thank you.
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