I'm a working single-parent college student living w/parents.Can they claim me & child?Can I file individual?

Question

My father wants to claim me & my child on his taxes; however, I was previously told that the parent I was living with could not do that. Doesn't that affect my tax filing status? What does that do to my return?

Answer 1

He might be able to claim you. He CANNOT claim your child. Your child is already your qualifying child. A qualifying child of one taxpayer cannot be the qualifying child of another taxpayer, other than the child's parent. Even then, only one parent can claim the child.

If you father claims you, you cannot claim your child. Only the child's father could in that case.

If you have earned income and are supporting a child, you should file a return claiming your your own personal exemption and your child and claiming the Earned Income Tax Credit. Your father should NOT claim you as that will kill your exemption for yourself and your exemption for your child and the EITC for you.

The rules have changed this year on claiming dependents. Many tax pros are getting this wrong -- they're either not carefully reading IRS Pub 501 or are going by the old rules.

Grab a copy of IRS Pub 501 from the IRS website and read it VERY carefully. Also get a copy of IRS Pub 596 as well for rules on the EITC. If you don't do it correctly, you can make a massively expensive mistake and lose out on a LOT of money that would otherwise be yours.

Answer 2

If you are under age 24 at the end of the tax year, a full time student, did not support more than half of your own support, and lived in his house for more than half the year you are considered his qualifying child for tax purposes and you under no circumstances you can claim yourself.

If you are 24 and over if you make more then $3,300 your father can not claim you.

If you are a qualifying child for your father you will not be able to file as head of household, claim your son as a dependent, or claim the Earned Income Credit, but you could claim him for the $1,000 child tax credit by using Form 8901.

Your son is considered a qualifying child for both you and your dad, so the tie breakers will go into effect if both you and your dad try to claim him which in in short will say that you win and can claim the child tax credit. This will also block your dad from claiming your son as a dependent, for the child tax credit, and the Earned Income Credit (if qualified).

My suggestion would be for you and your dad to both sit down with a qualified tax professional, preferable with someone who is an Enrolled Agent, who is a tax professional who is tested by the IRS for tax knowledge and who can act as your representative for tax purposes.

The other thing I suggest to my clients is that you run both yours and your dads tax return with you claiming your son for the child tax credit (which you have a legal priority) versus your dad claiming your son and see which way gains the household the bigger overall tax refund.

The new rules for "qualifying child" makes figuring out tax benefits very difficult, time will need to be taken to read and understand all the rules. The examples I gave you are what I believe what your current situation is.

Answer 3

If you are both living with them, and you are a full time student and under 24, and are not providing over half of your own support, then they can claim you and your child - each of you would be considered a qualifying child. And yes, whether or not they can claim you could affect your filing status and your refund.

If you are 24 or over and made at least $3300 last year, or if you are providing over half of your own support, then they can't claim you, and you could claim your child.

If they can claim you, then you can't claim your child because someone who can be claimed as a dependent can't claim a dependent.

Answer 4

If you are under 25 and are in school full time at least 5 months of the year, and you live with them and they provide over half your support, then YES - you are their dependent, as is your child.

You would file a tax return, using the single filing status, and you would NOT take an exemption for yourself, as your father is claiming it.

Answer 5

Your father must have provided over half of your and/or your child's support. It is possible that he may be able to claim one or both of you, but if he claims you, you cannot claim your child or yourself on your tax return. Do you have income? If you only have a small income, you can still file you 1040EZ and just mark the box which states someone else can claim you.

good luck & blessing

Answer 6

When I lived with my parents (single working mom w/child), they were not able to claim me and I was able to file by myself. Unless you were seriously handicapped, your parents should not be able to claim you as a dependent. Don't let your dad try to claim you. Go a head a file by yourself.