Student dependent

Preparing the student's return, she has form 8615 tax of $ 3680 because of $ 13000 in savings bond interest and can't claim her tuition expenses if her Dad claims her. Her Dad's taxable income is $

290K, so he can't claim her education expenses. If I take her off of his return as a dependent his tax only goes up $ 1000, her tax goes down $ 3680 because she qualifies for nonrefundable American Opportunity Credit. Is there any reason she can't file on her own and her father not claim her?
Reply to
prucker
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No reason at all. Remember, though, that she doesn't get an exemption for herself even if dad doesn't claim her because he is ELIGIBLE to claim her which is the test.

Reply to
Bill Brown

Do we know that? He still has to pass the support test.

Reply to
D. Stussy

Which support test?

Reply to
Arthur Kamlet

More than 50%. - IRC 152(a). You should know that.

Reply to
D. Stussy

Not if she's a full time student under age 24. Then it is a self-support teat. I.e., the student can't be self-supporting.

So.. if this is the case, the father can avoid claiming her and the student would then be eligible to take the education credit. The student could not claim her own exemption.

Reply to
Alan

The clear implication of the OP is that the dad is eligible to claim the daughter as a dependent. If you have doubts about that eligibility, challenge prucker, not me.

Reply to
Bill Brown

Citation correction: 152(c)(1)(D). It used to be in 152(a) before the section was rewritten.

My reading of the code is that the student/age exceptions only override the gross income test (which no longer exists for children under 18/FTS-24), not the support test. The support test is still present as a requrement.

Why can't a student be self-supporting? In this case, the student in question has more than $1,000/month of NON-WAGE income (in addition to any wage income that may have been earned), and if used toward support, it could be 50%+, especially if the school is a community college.

Reply to
D. Stussy

That is a presumption of which no facts were stated to confirm it.

Reply to
D. Stussy

You misread if your interpretation is that the parent must provide over 1/2 the support of a full time student (under age 24) in order to take that student as a dependent.

Reply to
Bill Brown

Once again, it is clear from the OP that the father (and prucker) believe the father is eligible to claim a dependency exemption for the daughter. Once again, if you believe they are mistaken, challenge them.

Reply to
Bill Brown

When they created the uniform definition of a qualifying child in

2005, the total support test was dropped for a qualifying child and only remains for a qualifying relative. The support test for a qualifying child is as I described it. You may be looking at an old version of the Code.
Reply to
Alan

test (child is not self supporting) or it could be the qualifying relative support test (the taxpayer provides more han 50% of the support) or perhaps a multiple support agreement test.

There's more than just one support test and they're not the same.

So you're referring to the qualifying relative support test. That means you have found there is not a qualifying child here.

Reply to
Arthur Kamlet

18/FTS-24),

requrement.

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as of Jan. 5, 2009 "(c) Qualifying child. For purposes of this section- ... "(1) In general. The term "qualifying child" means, with respect to any taxpayer for any taxable year, an individual- ... "(D) who has not provided over one-half of such individual's own support for the calendar year in which the taxable year of the taxpayer begins, and ..."

Subsection (c)(1)(D) still requires support. Now, I agree that the test itself has changed a bit - in that it states that the student cannot provide more than half of his own support, but that's still a support test that was not addressed in the OP's question. I do agree that it doesn't require the claiming taxpayer to provide any support.

Reply to
D. Stussy

Under the uniform definition of qualifying child, the qualifyin child tests are applied first.

That includes the QC support test.

If, and only if, the child is not the QC of "any taxpayer" the qualifying relative tests may be applied, including the old well-known "provides more than half the support of the qualifying relative" test.

Reply to
Arthur Kamlet

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