Someone can be claimed as your dependent if s/he meets all five of the following tests:
Test 1 - Relationship
The person must be your relative,
either by blood or in law. A person who lived in your home as a family
member for the entire year can also be considered a dependent, as long
as the relationship does not violate local law.
Test 2 - Marriage
The person cannot be married and
file a joint return with her/his spouse.
Test 3 - Citizenship
The person must be one of the following:
* a U.S. citizen
or resident alien, or
* a resident
of Canada or Mexico, or
* your adopted
child who is not a U.S. citizen, but who lived with you all year in a foreign
country.
Test 4 - Income
Generally, the person's gross income
must be less than $2,500. Gross income does not include nontaxable
income, such as welfare benefits or nontaxable social security benefits
(like SSI).
If the person is your child, s/he
can have a gross income of $2,500 or more if:
* s/he was under
age 19 at the end of the year,
* s/he was under
age 24 at the end of the year and was a full-time student for at least
5 months.
Test 5 - Support
You must have provided over half
of the person's total support (food, shelter, clothing, medical care, education)
for the year.
Note: A person you claim as a dependent cannot be claimed as a dependent on anyone else's return.
A qualifying child (for EIC purposes and Qualifying Widow(er) filing status) is a person who:
1. Is
your daughter, son, adopted child, grandchild, step child, or foster child,
AND
2. Was
(at the end of the tax year)
* under
age 19,
* under
age 24 and a full-time student, or
* any
age and permanently and totally disabled,
AND
3. Either
lived with you in the United States for more than half of the tax year
(for the whole year if a foster child) OR
was born or died in the tax year and your home was the child's home for
the entire time s/he was alive during the year.
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Do you have any additional questions? Any comments? Suggestions? We're eager to hear your feedback! Email us at mfinn@sfbar.org.