Discussion:Dependency question
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Discussion Forum Index --> Basic Tax Questions --> Dependency question
Discussion Forum Index --> Tax Questions --> Dependency question
Tsaccounting (talk|edits) said: | 31 December 2008 |
| I have a client whose son qualifies as Depenendent (QC - 21 yr + full time student). However, she does not want to claim him as a dependent and wants him to file his taxes independently as she says filing independently could allow the son to get a financial aid.
Can i file the sons taxes independently without his personal exemption and take him as a dependent on the parents return? The sons income i guess would be around $5000 for the year. | |
| 31 December 2008 | |
| Your post is a little confusing as you indicate the mother does not want to claim him, and then ask if you can file HIS return without the personal exemption and claim it on the parent's (mother's) return. Assuming you want the exemption on the child's return, then based on your stated facts - the son qualifies as the parents exemption - the answer would be no.
Sec. 151(d)(2) IRC provides: 2) Exemption amount disallowed in case of certain dependents In the case of an individual with respect to whom a deduction under this section is allowable to another taxpayer for a taxable year beginning in the calendar year in which the individual's taxable year begins, the exemption amount applicable to such individual for such individual's taxable year shall be zero. Note that the reference is whether the exemption "is allowable", not "is claimed" by another taxpayer. That's why the return doesn't ask if you are claimed by another taxpayer, but if you can be. | |
Tsaccounting (talk|edits) said: | 31 December 2008 |
| But can the mother claim him as a dependent on her return and can the son file his own tax return without any personal exemption? | |
| 31 December 2008 | |
| Of course the mother can claim him - you said he was the qualifying child of the mother. The son would then file without his exemption.
I agree - it's either a trick question or I'm doing a serious job of misreading it. | |
| 31 December 2008 | |
| I think I know what TSA is getting at, though he does contradict himself.
TSA - if mom can claim son, son has to mark the "eligible to be dependent of another" thing and doesn't get an exemption on his return. Mom doesn't have to claim him (there's a reason for not wanting to that I can't remember because it's New Years Eve and I have more important things to tend to) but can if she wants and get his exemption. I guarantee that is not what the taxpayer wants - they want him to take his exemption and claim no one else supported him so he qualifies for more financial aid. And they probably could have pulled it off too, until they goofed and told you he didn't in fact support himself. | |
| 2 January 2009 | |
| Further...son does is not a required filer if he is filing single. More importantly, unless he is filing just to get his withholding back, the IRS does not want a return from him.
Never ceases to amaze me the things people try in order to skirt the system. taxea | |
