dependent age

Feb 16, 2011 7 Replies

Hello,



My daughter is 25, born in 1985, full-time graduate student at a dental school. Receiving 1098-T. No other income. Can I take her as dependent on 1040? Thanks for information.


No. If she was born in 1985, she had to be 25 years old on 31 Dec

2010. Limit for full-time student is 24.

Jim Hammond, EA

If she's disabled you can claim her at any age. But then again, if she were disabled she probably wouldn't be going to graduate school.

This is one of those times I was just about to hit reply with an answer till a contradictory one popped up.

From

formatting link
(this is a short link to a section of pub 501)

Tests To Be a Qualifying Relative

1 - The person cannot be your qualifying child or the qualifying child of any other taxpayer. 2 - The person either (a) must be related to you in one of the ways listed under Relatives who do not have to live with you , or (b) must live with you all year as a member of your household2 (and your relationship must not violate local law). 3 -The person's gross income for the year must be less than $3,650.3 4 - You must provide more than half of the person's total support for the year.

qualification for (2) shows "Your child, stepchild, foster child, or a descendant of any of them (for example, your grandchild). (A legally adopted child is considered your child.) "

This had me conclude that the daughter can in fact be a qualifying dependent. Any one care to agree/disagree?

Your point is correct. A qualifying relative can also be your parents.

Jum

You have correctly demonstrated that daughter is not a qualifying child.

The next step is to see if she is a qualifying relative, and if TP provided most of her support and her gross income is less than 3,650 and she does not file a joint return, chances are good she can be claimed as a dependent.

A qualifying relative can be your shack up or anone else who lives with you the entire year. Of course this is only one part of the test to see if an individual is a qualifying relative, but despite the word "relative," the person doesn't have to be related to you by blood or marriage.

In the OP's case the daughter is too old to be a qualifying child unless she's disabled, but she may be a qualifying relative claimable as a dependent.

Phil Marti VITA/TCE Volunteer Clarksburg, MD

Based only on that information, no.

It is possible to claim her if all FIVE dependency tests are met.

Join the Discussion

Have something to add? Share your thoughts — no account required.

Didn't find your answer?

Ask the community — no account required