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    How to Claim a Dependent on Your Tax Return

    Fantasy Finance

    Claiming a dependent on your tax return makes all the difference when it comes to taxes. Adding a dependent on your tax return increases the exemption amount you can claim, which in turn reduces your taxable income and your tax liability. Dependents can also be used to gain tax benefits like the child and dependent care credit and head of household filing status. Before claiming someone as a dependent on your tax return, you have to make sure that the person meets all the Internal Revenue Service (IRS) requirements for a dependent.


    A dependent is usually defined as someone you support or take care of. Generally speaking, a dependent could be a child, a relative, or even a friend. However, for tax purposes, not everyone you take care of qualifies as a dependent. The IRS has come up with a few rules to help you determine who a qualifying child or relative is. In this article, we'll walk you through those rules.

    Rules for Qualifying Children as Dependents
    According to the IRS, the uniform definition of a child is a natural child, an adopted child, a stepchild or an eligible foster child. In addition to meeting this definition, a dependent who is being claimed as a qualifying child has to meet all four of the following tests:

    • The Relationship Test: A qualifying child can be a sibling, a step-sibling, or a descendant (a grandchild, a niece, a nephew, and so on), as well as other relationships mentioned above.
    • The Residency Test: a qualifying child has to have the same residence or "principal abode" as the taxpayer for more than half the year. However, there are exceptions for temporary absences; for instance, if a qualifying child is away from home because of custody arrangements, school, an illness, military duty, or business, that child will still meet the residency test.
    • The Age Test: A qualifying child has to be either under the age of 19 or both under the age of 24 and a full-time student for at least five months of the year. There is no age limit for someone who is permanently and totally disabled.
    • The Support Test: The individual who is being claimed as a dependent must not have provided more than half of his or her own support. If you're trying to claim an individual who has a job and partially takes care of him or herself, you have to make sure that you can prove that during the year, he or she was responsible for 50% or less of his or her total support.
    Qualifying Child Tests and Various Credits
    These four tests are the basic tests for a qualifying child, but, depending on the tax credit you're trying to claim, there are additional tests that must be met:
    • Dependency Exemption and Head-of-Household Filing Status: The individual being claimed as a dependent must meet the four basic tests in addition to two other ones:
      • Citizenship Test: A qualifying child for the dependent exemption must be a U.S. citizen, U.S. national or a resident of the United States, Canada or Mexico.
      • Joint-Return Test: If a dependent is married and files a joint return with his or her spouse, the dependent does not count as a qualifying child. The only exception to this rule is if the dependent and his or her spouse are not required to file taxes and only do so to get a refund.
    • Child and Dependent Care Credit: The individual being claimed as a dependent must meet the four basic tests, but there is a modification when it comes to the age test. For the child and dependent care credit, the dependent must be under age 13 unless the individual is permanently or totally disabled.
    • Child Tax Credit: A child is your qualifying child for the child tax credit if he or she meets the four basic tests except for the age test: The child must be under age 17 and must be claimed as your dependent.
    • Earned Income Credit (EIC): A qualifying child for the EIC has to meet only three of the basic dependent tests: the relationship, age and residency tests. In addition to meeting those three basic tests, the child must have lived with you in the U.S. for more than half the year.
    Tie-Breaker Rules for Determining a Qualifying Child
    If there is ever a situation where a child qualifies as a qualifying child for two taxpayers, the following tie-breaker rules developed by the IRS should be used to determine which taxpayer claims the tax benefits:
    • When two taxpayers cannot determine who will claim a child, the child will be the qualifying child of the parent.
    • If both taxpayers are the child's parents and they do not file a joint return, the parent who can claim the child will be the parent with whom the child lived for the "longest period of time during the year."
    • If it turns out that the child lived with both parents for an equal amount of time, the parent with the highest adjusted gross income (AGI) can claim the tax benefits.
    • If none of the taxpayers is the child's parent, the taxpayer with the highest AGI can claim the benefits.
    Rules for Qualifying Relatives
    Some dependents don't fall into the category of a qualifying child but may meet other standards and tests set by the IRS, which enables you to get certain tax credits. In addition to the joint return and citizenship tests, a qualifying relative has to meet the following four rules:
    • Qualifying Child Test: To be a qualifying relative, the individual cannot be a qualifying child for anyone else. In other words, a dependent is only a qualifying relative if he or she does not meet the qualifying child tests for you or another taxpayer.
    • Relationship Test: A qualifying relative can be a child or descendant of a child, a sibling, a step-sibling, a descendant of a sibling (a niece or nephew), a parent or step-parent, an ancestor of a parent (a grandparent, great-grandparent, etc.), an uncle or aunt, a father-in-law or mother-in-law, or an individual who lives with the taxpayer for the entire year, regardless of whether the individual is related to the taxpayer, as long as the relationship between the taxpayer and the individual does not violate local law.
    • Gross-Income Test: The dependent's income cannot be above a certain amount. In 2011, that amount was $3,700.
    • Support Test: For a dependent to be a qualifying relative, the taxpayer must have provided more than half of his or her support. Note the difference between the support test for a qualifying relative and a qualifying child. For a qualifying child, the taxpayer has to prove that the dependent (the child) provided half or less than half of his or her own support; for a qualifying relative, the taxpayer has to prove that the taxpayer provided more than half of the dependent's support.
    The Bottom Line
    If your dependent-care situation is not straightforward, determining whether an individual is a qualifying child or relative can be very confusing. If you can't determine who a qualifying child or relative is, or you find yourself in a situation where you can't determine who can claim a qualifying child or relative, contact the IRS at 1-800-829-1040 or contact your local IRS office.

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    8 comments

    • Las Vegas Lady  •  1 month 25 days ago
      I think this covers all of my tax deductions............

      The IRS sent my Tax Return back! AGAIN!!!
      I guess it was because of my response to the question:

      The question is how many dependents do you have!
      "List all dependents?" I replied:

      "12 million illegal immigrants;
      "3 million crack heads;
      "42 million unemployable people on food stamps,
      "2 million people in over 243 prisons;
      "Half of Mexico ; and
      "535 fools in the U.S. House and Senate.;

      Evidently,
      this was NOT an acceptable answer.

      Who did I miss?
    • Jesus  •  Laredo, Texas  •  3 months ago
      My youngest son is thirty six and married...!
    • Jennifer E  •  4 months ago
      When is the IRS going to allow non custodial parents who pay child support a break on their taxes? My husband pays his ex 10K a year in child support- this is tax free for her- yet he is allowed no deductions for his son. She won't allow him to. I think whomever has the highest income, and pays the most toward the child's needs should be allowed to claim said child. Or at the very least, make the parents trade off every other year.
      • M_I_C_H_A_E_L 4 months ago
        he has a case it states right in there if they pay over HALF of the expenses for the child in support THE PERSON PAYING THE SUPPORT CAN CLAIM THE CHILD! it dont matter that she wont let him file taxs claim the child if both of them do the IRS will look into it and overule her decision and she will have to pay back all that $$ shes gotton in previous years as well ;)
      • Barbara 3 months ago
        However the custody/ divorce decree is worded determines who claims the child. As the judge said in her ruling of our children, "raising a child always costs more than the state of Kentucky thinks it will and the person with primary custody is the one left with the responsibility of the remainder. Thus the custodial parent will retain the deduction." Not to the liking of my ex-husband, but then he was the one who wanted to claim both children. I was willing to claim one and permit him the other. So he lost both.
      • Tess 2 months ago
        Yes my ex wanted to claim our son but only paid $65/wk. I thought he had nerve to ask when it was I who provided the home, the utilities, the food, school expenses, his insurance, his medication, his clothes, his braces, and HIS FIRST BICYCLE!
    • I cant handle the truth  •  Carrollton, Texas  •  5 months ago
      Two illegals sharing the same house each have 4 kids. They both claim 8 dependents+ them self and wife. And get all the other state and government benefits. That's living free. Oh and work for cash
      • Adam 1 month 0 days ago
        not sure how you know this information ... And Why post this here and not call the Officials we pay to keep this from not happening.
    • Wayne Hall  •  Oregon City, Oregon  •  5 months ago
      if your an illegal you can cliam what 14
    • TROUBLE  •  5 months ago
      HOW MANY "ILLEGALS" can a Taxed, working American Citizen Claim?
      • Adam 1 month 0 days ago
        All of them, if there dependent on the State your paying for there support.
    • peggy  •  Reidsville, North Carolina  •  5 months ago
      HOW STUPID CAN YOU BE AND OH BY THE WAY I AM CAUCASION AND AM LEGAL....HOWEVER IF A PERSON IS HERE ILLEGALTHEY CAN'T FILE TAXES..NO ILLEGALS GET STATEOR GOVT BENEFITS...I KNOW I WORK AS A SOCIAL WORKER FOR THE GOVT.....AND IF THEY ARE GETTING PAID CASH ANYWAY WHAT TAXES ARE THERE TO GET BACK? KNOW THE FACTS BEFORE YOU RUN YOUR MOUTH ABOUT SOMETHING YOU OBVIOUSLY KNOW NOTHING ABOUT........
      • ml 4 months ago
        They can do this can't they?
        If you need a number for tax purposes and you are not authorized to work in the United States, you can apply for an Individual Taxpayer Identification Number
      • Lisa 4 months ago
        I know for a FACT if you are an illegal, you can get benefits...as long as you found you way to the US while pregnant and have the baby here..then guess what, we US Citizens pay for the housing, food stamps and medicaid!!! I know this because I have 2 neighbors that are illegal, but are here because of their kids...how's that for our system..Peggy, you must be the dumbest case worker ever!! and not live close to the border.
      • Gunslinger712 1 month 18 days ago
        Apparently a "Welfare, Social Worker" who does not know the answers, most of the answers, is what actually cost American tax payers even more money. ILLEGALS can, do get paid in cash. The deductions thye can and do take to get OUR money in refunds, is to just file a Return, showing that they made NO money or that they "earned" far below the poverty level. They get a REFUND on EVERY dependent in the house, whether or not they paid anything, owed anything. When A person gets paid in CASH, it's a very simply process. Just fill out the form to show that you made no money. They also use STOLEN or counterfeit Social Security cards. Employers also use "pass-around cards". They have a legit SS #. The card has the name "Jose Smith". EVERY person who comes to wrok and is using that number, becomes "Jose Smith". THe ILLEGALS also do not pay state taxes. They receive FREE medical care, FREE schools, FREE food. And yes ALL without paying US any taxes. So Miss Social Worke, if yuou don't KNOW, don't say nuthin.
    • berneemc  •  5 months ago
      If you are an ilegal or a boon, you get everything back 10 fold.
      • Armand 2 months ago
        illegals can also claim dependents in other countries ae are all being screwed

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