Question

If my daughter and her husband and two daughters live with us because they can't afford a home, can I claim any depecdancy for housing?

Forum|Forum|2 years ago
January 3, 2024
2 replies
0 views

My daughter can't work for medical reasons. They don't pay me for housing. They are dependant on myself and my wife.

TurboTax Deluxe Online

Employee

It depends. There are two sets of rules for dependents, each linked below.
https://www.irs.gov/credits-deductions/individuals/earned-income-tax-credit/qualifying-child-rules

https://apps.irs.gov/app/vita/content/globalmedia/table_2_dependency_exemption_relative_4012.pdf

X

xmasbaby0

Employee

What about your son-in-law? Does he work and help to support her and the children? Will they be filing a joint tax return? You seem to be focused on the fact that they are not paying you for rent to live with you, but there are other factors to consider when you try to determine whether they can be claimed as dependents.

IRS interview to help determine who can be claimed:

https://www.irs.gov/help/ita/who-can-i-claim-as-a-dependent

https://ttlc.intuit.com/questions/3113432-who-can-i-claim-as-my-dependent

WHO CAN I CLAIM AS A DEPENDENT?

You can claim a child, relative, friend, or fiancé (etc.) as a dependent on your 2023 taxes as long as they meet the following requirements:

Qualifying child

They're related to you.
They aren't claimed as a dependent by someone else.
They're a U.S. citizen, resident alien, national, or a Canadian or Mexican resident.
They aren’t filing a joint return with their spouse.
They're under the age of 19 (or 24 for full-time students).

No age limit for permanently and totally disabled children.

They lived with you for more than half the year (exceptions apply).
They didn't provide more than half of their own support for the year.

Qualifying relative

They don't have to be related to you (despite the name).
They aren't claimed as a dependent by someone else.
They're a U.S. citizen, resident alien, national, or a Canadian or Mexican resident.
They aren’t filing a joint return with their spouse.
They lived with you the entire year (exceptions apply).
They made less than $4,700 in 2023.
You provided more than half of their financial support.

When you add someone as a dependent, we'll ask a series of questions to make sure you can claim them. There may be other tax benefits you can get when you claim a dependent.

**Disclaimer: Every effort has been made to offer the most correct information possible. The poster disclaims any legal responsibility for the accuracy of the information that is contained in this post.**

O

Opus 17

Employee

The short answer is, probably not.

The longer answer is, to claim your daughter as a dependent, she must have less than $4700 of taxable income, AND you provide more than half her total financial support (not just housing, although that counts), AND she does not file a joint tax return with her spouse.

Or, you can claim your daughter as a dependent if she is permanently disabled and unable to perform gainful work, AND she lives in your home more than half the year, AND she does not file a joint return with her spouse.

To claim your son-in-law as a dependent, he must have less than $4700 of taxable income, AND you provide more than half his total financial support (not just housing, although that counts), AND he does not file a joint tax return with his spouse.

To claim your grandchildren as dependents, they must live in your home more than half the year, AND you (and your spouse, if married) report more taxable income than the parents, AND you also meet at least one other condition, either,

a. the parents agree not to claim the children as dependents, or

b. both parents qualify as your dependents (because if the parents qualify as your dependents, they are not allowed to claim their own dependents even if they wanted to).