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February 2, 2025
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My parents live in another state (not physically with me) but do not work and have no income. They are financially dependent on me. Can I consider them as my depends.

  • February 2, 2025
  • 2 replies
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I am single.
    Best answer by DoninGA

    You may be able to claim them as dependents on your tax return under the Qualifying Relatives rules if they meet all the requirements under the rules.

     

    To be a Qualifying Relative -

    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 income for the year must be less than $5,050 (social security does not count) in 2024
    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 or a U.S., Canada, or Mexico resident for some part of the year.
    6. The person must not file a joint return with their spouse with the following exception -
    You can claim a person as a dependent who files a joint return if that person and that person’s spouse file the joint return only to claim a refund of income tax withheld or estimated tax paid.

    2 replies

    Employee
    February 2, 2025

    IRS interview to help determine who can be claimed:

    https://www.irs.gov/help/ita/who-can-i-claim-as-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.**
    DoninGA
    DoninGAAnswer
    Employee
    February 2, 2025

    You may be able to claim them as dependents on your tax return under the Qualifying Relatives rules if they meet all the requirements under the rules.

     

    To be a Qualifying Relative -

    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 income for the year must be less than $5,050 (social security does not count) in 2024
    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 or a U.S., Canada, or Mexico resident for some part of the year.
    6. The person must not file a joint return with their spouse with the following exception -
    You can claim a person as a dependent who files a joint return if that person and that person’s spouse file the joint return only to claim a refund of income tax withheld or estimated tax paid.

    DS44325Author
    February 2, 2025

    Thank you!

     

    Can you elaborate on number 6? 

    So, they do not need to file their taxes separately (like a joint file of EZ-140)?

    As long as I claim them as my dependent, they are like filed their taxes (legally)?

    DoninGA
    Employee
    February 2, 2025

    @DS44325 wrote:

    Thank you!

     

    Can you elaborate on number 6? 

    So, they do not need to file their taxes separately (like a joint file of EZ-140)?

    As long as I claim them as my dependent, they are like filed their taxes (legally)?


    If they file a tax return, Form 1040, their filing status is Married Filing Jointly and they only are filing the tax return for a tax refund you can claim them as dependents.

     

    If they have no taxable income of any kind there is no reason for them to file a tax return.