24 year old not living at home

Nov 11, 2008 3 Replies

My cousin called me with this problem. I told her to call my brother Michael, but he told her to call me.



Her son just turned 24, is not in school, does not live at home, and she thinks he made less than $5,000 in 2007. She wants to claim him as he dependent for 2007 so she can put him on her health insurance. She says her company just sent out a memo saying that dependent children will be covered for Medical, Prescription Drug, and Dental insurance until ther 25th birthday. Presume that is correct. She already is Unmarried Head of Household with four other children between 14 and 22.



Since these benefits do not kick in until January 1 and she has no out of pocket costs for adding him now, I told her to add him, but not to tell him. I also told her to call me back after he gives her all of his W-2's.



According to her, she is currently providing him with cash, food, and prescription drugs in excess of $5,000 a year. My question is "What is the gross income level after which she cannot claim him as a dependent?"



Also I haven't gotten a free Income Tax textbook since



2002. If anyone has a extra current textbook, please send it to me.

Dick


I take it 24-yr old son was not a full time student in any five months of 2008?

Gross income test probably applies - dependent son gross income must be less than $3500.

Publication 17 is the textbook, but it has gotten smaller and less useful in the past several years.

Pub 501 contains the dependency exemption rules is a pretty hard to understand format. It talks about uniform rules for qualifying child, which are anything but uniform and you don't have to be a child to qualify. And if a person is not a qualifying child of any taxpayer (a specific term in itself) then that person might be considered to see if he is a qualifying relative. It's really all in Pub 501 and it correct, so if you like a challenge, go for it.

Also a child who was not yet age 17 by year end might qualify for child tax credit. And if the child did not gain parent the stimulus rebate last year, try again this year.

And if son is not a dependent only vecause his gross income is more than

3500, cousin can still claim medical expenses paid for this kid. In completely unofficial terms, the kid is a dependent for medical purposes only.

There is the possibility that he already filed, even with no tax due in order to have availed himself of the stimulus payment. Check it out.

You can find the 1040 instructions on irs.gov website and save a copy of it to disk to peruse later with Adobe reader.

ChEAr$, Harlan

I will kick my 2¢ in because been there, done that - and this is really not a tax question.

What qualifies at a dependent for *company insurance* purposes might not have anything to do with what the IRS uses for *tax* purposes. Forget the IRS and find our what the company insurance plan considered a dependent.

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