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February 18, 2024
Question

CA 540 Exemption credit for Dependent

  • February 18, 2024
  • 2 replies
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My husband and I partially support an elderly family with a severe mental illness.  His only income is SSA disability from California.   That doesn't cover his nursing home expenses so we pay the rest, which more than doubles his income.  IRS does not allow us to claim him as a dependent because he doesn't live with us and disability is greater than $4650.  We are retired and "not seeking work", another IRS disqualifier.    TurboTax carries this info over to our CA 540 form...Exemptions.... Dependents. On Line 10 it enters 1 x $446 for our relative.  The $446 Dependent credit is added to our Personal credits (2 x $188) plus our Senior credits (2 x $188) for a total Exemption of $1022.    He's not a child so obviously none of the dependent child credits apply.  We have not qualified for any dependent care tax breaks other than this $446 credit.   Is this correct or has a mistake been made?   

    2 replies

    Employee
    February 18, 2024

    Because the family can’t be your dependents they should not be included on your return so there would be no carry over from your federal return to California. 

    February 18, 2024

    I left a word out.  I meant to write  elderly family MEMBER,.      One person.

     

    Did TT make an error giving us the $446 dependent credit?   

    Employee
    February 18, 2024

    The family member can be your dependent if you provided more than half of their support and they are related as described below and didn’t have more than $4,700 in taxable income. Social Security benefits don’t count. 

    People who don’t have to live with you. A
    person related to you in any of the following
    ways doesn't have to live with you all year as a
    member of your household to meet this test.
    • Your child, stepchild, or foster child, or a
    descendant of any of them (for example,
    your grandchild). (A legally adopted child is
    considered your child.)
    • Your brother, sister, half brother, half sister,
    stepbrother, or stepsister.
    • Your father, mother, grandparent, or other
    direct ancestor, but not foster parent.
    • Your stepfather or stepmother.
    • A son or daughter of your brother or sister.
    • A son or daughter of your half brother or
    half sister.
    • A brother or sister of your father or mother.
    • Your son-in-law, daughter-in-law, fa-
    ther-in-law, mother-in-law, brother-in-law,
    or sister-in-law

    To determine support this might help. 
    https://apps.irs.gov/app/vita/content/globalmedia/teacher/worksheet_for_determining_support_4012.pdf