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Can I claim my 36 yr old disabled daughter as a dependant on

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my Tax Return. She...
Can I claim my 36 yr old disabled daughter as a dependant on my Tax Return. She has $0 income from work earnings, but she receives $1,300 per month from Social Security for her disability. She lives with me at least six months during the year and I provide more than half of her support. The IRS rule states that the disabled persons "earnings" much be $3600 (I think that was the amount per year), but my daughter's income is not "earnings" it's disability income. Thank you. XXXXX ([email protected])
Submitted: 7 years ago.Category: Tax
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Answered in 1 hour by:
1/9/2011
Tax Professional: Lev, Tax Advisor replied 7 years ago
Lev
Lev, Tax Advisor
Category: Tax
Satisfied Customers: 30,612
Experience: Taxes, Immigration, Labor Relations
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LEV :

According to the IRS publication 501 - www.irs.gov/pub/irs-pdf/p501.pdf There are five tests that must be met for a child to be your qualifying child. The five tests are:


1. Relationship,


2. Age,


3. Residency,


4. Support, and


5. Joint return.

LEV :

To meet Age Test t, a child must be:



  • Under age 19 at the end of the year and younger than you (or your spouse if filing jointly),

  • A full-time student under age 24 at the end of the year and younger than you (or your spouse if filing jointly), or

  • Permanently and totally disabled at any time during the year, regardless of age.

LEV :

Thus - regardless of her age - because of disability - your daughter is your qualified child - assuming other tests met.

LEV :

To meet Support Test (To Be a Qualifying Child), the child cannot have provided more than half of his or her own support for the year.

LEV :

There is no limit on earnings for the Qualifying Child determination.

LEV :

There are four tests that must be met for a person to be your qualifying relative. The four tests are:


1. Not a qualifying child test,


2. Member of household or relationship test,


3. Gross income test - here is a limit on earnings


4. Support test.

LEV :

However because your daugher is your Qualifying Child - she may not be your qualifying relative - see teh first test.

LEV :

So - regardless of what should be included into the income to be a qualifying relative - that doesn't affect your eligibilty to clain your daugher as a dependent if she meets all five tests to be your qualifying child.

LEV :

Please let me know if you need any help or clarification.

Lev
Lev, Tax Advisor
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