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Employee
June 1, 2019
Solved

We claimed our grandchild who lived with us all of 2015. She lived with us until 10/2016 when she joined the army. Can we claim her or does she claim herself now?

  • June 1, 2019
  • 2 replies
  • 0 views
She was our dependent until she joined the army.
Best answer by Hal_Al

It's complicated, but you most likely can claim her.

First, you need to understand that there are two types of dependents, "Qualifying Children"(QC) and standard ("Qualifying Relative" in IRS parlance even though they don't have to actually be related). There is no income limit for a QC but there is an age limit, a relationship test and a residence test. Only a QC qualifies the taxpayer for the Earned Income Credit.

A child closely related to a taxpayer can be a “Qualifying Child (QC)” dependent, regardless of the child's income, if:

1.                He/she is under age 19, or under 24 if a full time student for at least 5 months of the year (including high school), or  is totally & permanently disabled

2.                He did not provide more than 1/2 his own support for the whole year

3.                He lived with the relative (including temporary absences) for more than half the year. Military basic training is considered a temporary absence. This is academic in your case, since she meets the half year requirement anyway.

A person can still be a Qualifying relative dependent, if not a Qualifying Child, if he meets the 6 tests for claiming a dependent:

1. Closely Related OR live with the taxpayer ALL year

2. His/her gross taxable income for the year must be less than $4,000 (2015). This income test does not apply to a QC.

3. The taxpayer must have provided more than 1/2 his support. Note how the support test is different for a QC

In either case:

4. He must be a US citizen or resident of the US, Canada or Mexico

5. He must not file a joint return with his spouse or be claiming a dependent of his own

6. He must not be the qualifying child of another taxpayer

2 replies

June 1, 2019
How old is she in 2016? Was she a full time student in 2016? How much income did she make in 2016?
Hal_Al
Hal_AlAnswer
Employee
June 1, 2019

It's complicated, but you most likely can claim her.

First, you need to understand that there are two types of dependents, "Qualifying Children"(QC) and standard ("Qualifying Relative" in IRS parlance even though they don't have to actually be related). There is no income limit for a QC but there is an age limit, a relationship test and a residence test. Only a QC qualifies the taxpayer for the Earned Income Credit.

A child closely related to a taxpayer can be a “Qualifying Child (QC)” dependent, regardless of the child's income, if:

1.                He/she is under age 19, or under 24 if a full time student for at least 5 months of the year (including high school), or  is totally & permanently disabled

2.                He did not provide more than 1/2 his own support for the whole year

3.                He lived with the relative (including temporary absences) for more than half the year. Military basic training is considered a temporary absence. This is academic in your case, since she meets the half year requirement anyway.

A person can still be a Qualifying relative dependent, if not a Qualifying Child, if he meets the 6 tests for claiming a dependent:

1. Closely Related OR live with the taxpayer ALL year

2. His/her gross taxable income for the year must be less than $4,000 (2015). This income test does not apply to a QC.

3. The taxpayer must have provided more than 1/2 his support. Note how the support test is different for a QC

In either case:

4. He must be a US citizen or resident of the US, Canada or Mexico

5. He must not file a joint return with his spouse or be claiming a dependent of his own

6. He must not be the qualifying child of another taxpayer