Senior parent as dependent

Jan 09, 2007 4 Replies

My Dad is over 65 and currently he is in Asia. He plans to come to US and live with me for certain duration, 6 months to 1.5 years or until he wants to return and visit other siblings. The company that I work for let me add him as dependent as long as I can show the tax filing that I claim him as dependent. I need help in figuring out the best time for him to land in US, in other words, shortest time I need to buy health insurance from outside. Reading this article, it doesn't mention the lenght of time my Dad needed to be with me to be qualified as dependent.

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Questions:



  1. Make me ponder, the best time for him to be in US is December 2007? So that I can just claim in 2007 filing?
  2. There is another article I read from IRS and mentioned that my Dad has to be with me for more than half a year. Is it true?
  3. If Question 2 is true, does it means half a year during 2007 or half a year before April 15 2008?

TIA.



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I don't know what you read, but IRS Publication 501 says that he must be a US resident at some time during the year. No minimum time is specified. The year involved is the calendar year. You don't specify, but I assume he's not a US citizen. You also don't mention support. The mere fact that he lives with you doesn't qualify him as your dependent. All the tests are explain in Publication 501.

-- Phil Marti Clarksburg, MD

Your dad cannot be your dependent, except under the following circumstances: You cannot claim a person as a dependent unless that person is a US. citizen, U.S. resident alien, U.S. national, or a resident of Canada or Mexico, for some part of the year.

After rereading your post, I realized that your dad may actually be a US citizen or resident (although not clearly stated), and the residency test would not apply. The critical test then becomes the Support Test. To meet that test, you must provide MORE than half of your parent's support for the whole year. The parent does not actually have to live with you. You give no evidence that you are actually giving that level of support to your father. Support provided by your parent and/or other relatives has to be considered in the total support calculation.

"NewYorker"

Clarifications

  1. My Dad will be a permanent resident (Green card holder) of US when he gets here.
  2. I will be solely his financial support during his stay in US.
  3. He will live with me.

Thanks Phil and Herb.

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