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June 5, 2019
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Can my mother claim my daughter and I as dependents

  • June 5, 2019
  • 14 replies
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Ive been living with her since November 2016. My daughter was born in may. Can she claim both of us and receive the "birth of a child" tax credit thing?
Best answer by Texas Roger

There are two types of dependents--qualifying child and qualifying relative. Based on your comments, it appears you would not be required to file your own tax return for 2017 and your mother would be able to claim you as a qualifying relative and your baby as a qualifying child. Here are the requirements for a qualifying child dependent:

1. The child must be your son, daughter, stepchild, foster chld, brother, sister, half brother, half sister, stepbrother, stepsister, or a descendant of any of them.

2. The child must be (a) under age 19 at the end of the year, (b) under age 24 at the end of the year and a full-time student, or (c) any age and permanently and totally disabled.

3. The child must have lived with you for more than half of the year. Temporary absences while away at college are considered living with you.

4. The child must not have provided more than half of his or her own support for the year.

5. If the child meets the rules to be a qualifying child of more than one person, you must be the person entitled to claim the child as a qualifying child. 

6. The child must be a U.S. citizen or U.S., Canada or Mexico resident for some portion of the year.

7. The child must be younger than you (or your spouse, if filing jointly) unless disabled.

Here are the requirements for a qualifying relative dependent:
1. The person cannot be your qualifying child or the qualifying child of any other taxpayer. A child is not the qualifying child of any other taxpayer if the child's parent (or any other person for whom the child is defined as a qualifying child) is not required to file an income tax return or files an income tax return only to get a refund on income tax withheld.
2. The person either (a) must be related to you or (b) must live with you all year as a member of your household. 
3. The person's gross  taxable income for the year must be less than $4,050 in 2016.
4. You must provide more than half of the person's total support for the year.
5. The person must be a U.S. citizen, U.S. resident alien, U.S. national, or a resident of Canada or Mexico.

Your mother would get the $1000 child tax credit for your baby unless her income exceeds the income limits. 

14 replies

wifeyj618Author
June 5, 2019
Do you know what that income limit may be?
Employee
June 5, 2019
Child tax credit is $1000 for a dependent child under age 17 at year end.
You must have a tax liability to offset the credit. If you don't have a tax liability, you can't get the credit.
You may get "additional child tax credit" instead if your earned income was at least $3000.
Child tax credit may be phased out for taxpayers whose adjusted gross income is above the limit for your filing status.
The limits are:
$110,000 for married filing jointly
$75,000 for single or head of household
$55,000 for married filing separately
The credit is reduced $50 for every $1000 of income (or part thereof) over the limit.
wifeyj618Author
June 5, 2019
Thank you so much for all your help! I wanna help my mom as much as I can because if she didn't do this for us and and my daughter wouldn't be here. Thank you for all your help!
Employee
June 5, 2019

There are two types of dependents--qualifying child and qualifying relative. Based on your comments, it appears you would not be required to file your own tax return for 2017 and your mother would be able to claim you as a qualifying relative and your baby as a qualifying child. Here are the requirements for a qualifying child dependent:

1. The child must be your son, daughter, stepchild, foster chld, brother, sister, half brother, half sister, stepbrother, stepsister, or a descendant of any of them.

2. The child must be (a) under age 19 at the end of the year, (b) under age 24 at the end of the year and a full-time student, or (c) any age and permanently and totally disabled.

3. The child must have lived with you for more than half of the year. Temporary absences while away at college are considered living with you.

4. The child must not have provided more than half of his or her own support for the year.

5. If the child meets the rules to be a qualifying child of more than one person, you must be the person entitled to claim the child as a qualifying child. 

6. The child must be a U.S. citizen or U.S., Canada or Mexico resident for some portion of the year.

7. The child must be younger than you (or your spouse, if filing jointly) unless disabled.

Here are the requirements for a qualifying relative dependent:
1. The person cannot be your qualifying child or the qualifying child of any other taxpayer. A child is not the qualifying child of any other taxpayer if the child's parent (or any other person for whom the child is defined as a qualifying child) is not required to file an income tax return or files an income tax return only to get a refund on income tax withheld.
2. The person either (a) must be related to you or (b) must live with you all year as a member of your household. 
3. The person's gross  taxable income for the year must be less than $4,050 in 2016.
4. You must provide more than half of the person's total support for the year.
5. The person must be a U.S. citizen, U.S. resident alien, U.S. national, or a resident of Canada or Mexico.

Your mother would get the $1000 child tax credit for your baby unless her income exceeds the income limits.