Skip to main content
March 8, 2024
Question

Claiming a dependent

  • March 8, 2024
  • 1 reply
  • 0 views

If my child is 21 or older do I have to claim them as a dependent? They are a full time student. If I don't claim them they will get the "American Opportunity Tax Credit". I don't qualify for that credit. Will I get in trouble if I don't claim them so they can get the "American Opportunity Tax Credit"? Thanks. 

    1 reply

    leeloo
    March 8, 2024

    If your child qualifies as your dependent, you must claim them. Omitting them from your return in order for them to reap a beneift they would not normally be entitled to, is not permitted.

     

    https://turbotax.intuit.com/tax-tips/family/rules-for-claiming-a-dependent-on-your-tax-return/L8LODbx94

     

    https://www.irs.gov/help/ita/whom-may-i-claim-as-a-dependent

    Hal_Al
    Employee
    March 8, 2024

    Q. Will I get in trouble if I don't claim them?

    A.  No. You are allowed to forego claiming your student-dependent. But,  they still can't  get the "American Opportunity Tax Credit".  

     

    While technically there is a provision that allows your student-dependent to claim a federal tuition credit, from a practical matter it seldom works out.  A student, under age 24, is only eligible for the refundable portion of the American Opportunity Credit (AOTC) if he/she supports himself by working. She cannot be supporting herself on student loans & grants and 529 plans and parental support.  It is usually best if the parent claims that credit.  

    If the student actually has a tax liability, there is a provision to allow him to claim a non-refundable tuition credit. But then the parent must forgo claiming the student as a dependent, and the $500 other dependent credit.  The student must still indicate that he can be claimed as a dependent, on his return. This is worth up to $2500 (AOTC shifts to all non refundable)

    jamminyamAuthor
    March 9, 2024

    So if my child is working, she can get the AOTC tax credit because she has a tax liability as long as I don't claim her on my taxes. Is this correct? If I don't claim her on my taxes how do I do this in Turbo Tax? Do I exclude her completely? Or how do I answer the questions to make it so I am not claiming her?