So Dependent On You: Who Can I Claim as a Dependents on my 2009 Tax Return?

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Over the past few years, questions around who can claim who and why has dramatically changed. There are more blended families in the U.S. The economy has taken a toll on our bottom lines resulting in three or four generations of families living together to save money. And yes, even non-family members moving in with each other to save a buck.

So how do those changes affect your tax situation? Can you claim your girlfriend on your taxes? What about your son who lives with your mother? And of course, pets. Can you claim Buster the beagle on your taxes? I sat down with Lee Ferris, one of our in-house tax experts and asked her those same questions.

The question and answer session aims to explain some of the more common dependent questions so you can get your biggest refund possible.

Question: Can someone claim their girlfriend or boyfriend on their taxes?

Answer: If your girlfriend has lived with you for all of 2009, her gross income is less than $3,650, and you’ve provided more than half of her total support (which is room board, food, car, insurance, etc.), you could claim her as a dependent on your tax return. To determine if you pay for more than half of her support, see IRS Pub 501 page 20. Each dependent you claim on your 2009 tax return reduces your taxable income by up to $3,650.

Question: What if we have a child, can I claim the baby also?

Answer: If the baby is your child, lived with you for more than half the year, and can’t support itself, you can claim the child as your dependent. And I know you are thinking, ‘Of course my baby can’t support itself.’ This was a-recent change by the IRS and a good example is if you have a child that is an actor. That child might be receiving a decent income and that counts as supporting itself.

But for all those parents with non-actor children out there, you can claim a child under the age of 19. If the child is a full-time student then you can claim them until the age of 24. If they are 25, working on their master’s degree and not earning any income you might be able to claim what the IRS calls a “qualified relative.” I would recommend visiting the IRS link to get more info on what defines the qualified relative and qualified child.

Question: My sister lives with me, and she receives Social Security Disability Benefits. If I charge her rent – which gets paid with social security – can I claim her as a dependent on my tax return?

Answer: If you are providing more than half of her total support (taking into consideration the rent she’s paying you) and she doesn’t make more than $3,650 a year, you can most likely claim her. Remember her social security isn’t counted as gross income. Look at the IRS worksheet in pub 501 to get more information on this.

Question: Can I claim any of my pets? What if they require special needs?

Answer: No. But I have been reading about a bill in Congress that is making the rounds that allows people to deduct pet medical expenses up to $3,500. The bill is proposed by Republican Thaddeus McCotter of Michigan. I am not sure what will happen with this but it is worth paying attention to.

Q: My parents just moved in with us so that we can take care of them. Can I claim them?

Answer: This is a common question right now because of the economy. If they are living with you, their only source of income is social security, and you are supporting them by more than 50 percent, you can claim them as a qualified relative. Remember, social security doesn’t count towards their gross income. Also, remember that since they are qualified relatives, they don’t have to live with you. You could be supporting them in their own home and still claim them as dependents.

Question: Can I still claim my spouse even though she received unemployment the majority of the year?

Answer: Even if your spouse is a stay-at-home mom, you can’t claim her as a dependent. This is why I encourage you to file a joint return. That way you get $3,650 for you and $3,650 for your spouse as a write-off – also known as an exemption. So 99 percent of the time it is more beneficial to file jointly because of that write-off amount and other deductions and credits.

However, one of my top questions this year is “Is unemployment taxable?” And the answer is, the first $2,400 of unemployment is NOT taxable. If both spouses receive unemployment benefits during 2009, each may exclude from taxable income the first $2,400 of benefits they received.

Question: I have been supporting my grandchild for the past six months and paid for everything. Do I claim her or does my daughter?

Answer: It depends. There are some questions you need to answer first. Will the father claim the child on his return? Is your daughter going to claim the child? If the child has lived with you for more than six months, both the father and your daughter are not going to claim the child , then yes, you can probably claim your granddaughter as a qualified child and get the various child credits on your tax return.

Question: Can I claim my niece if she is here on a student visa, going to college, and living with us? She makes no money here, pays no rent to us and we support all her expenses, except for tuition.

Answer: In this case, if she is under 24 and a full-time student and she’s not a qualifying child for anyone else, you can probably claim her as a dependent. But I like to urge people to please ensure that someone else is not already claiming the person in question as a dependent. Your niece can’t be claimed more than once. Also you can only claim the niece as a dependent if she’s a U.S citizen, U.S. resident, U.S. National, or resident of Canada or Mexico.

For questions we haven’t covered, please check out the IRS.gov page. The site has updated sample situations to help U.S. filers.

Check out this TurboTax video as well:

http://www.youtube.com/v/sbD8BfZzs8s?fs=1&hl=en_US&rel=0

227 responses to “So Dependent On You: Who Can I Claim as a Dependents on my 2009 Tax Return?”

  1. My Uncle had been collecting less then $150/W on unemployment for about half of the year 2012, I have been helping him out with more then half of his other finance needs, he also currently owes the irs but is up to date with payments. Can i claim him on my taxes this year?

    • Hi Nicole,
      Because your uncle would be considered your “qualifying relative”, in order for you to claim him
      he could not earn more than $3,800 taxable income in 2012. Since unemployment is taxable and it sounds like he would have earned more than $3,800 you can not claim him. If it turns out the amount is less than that and you provided over half of his support you would be able to claim him.
      Thank you,
      Lisa Greene-Lewis

  2. My dad has been living with me and he doesnt have any source of income. He is not able to work and he is in the process of applying for disability. Since he staying with me, without any payments or help could I claim him on mine and my husbands taxes?

    • Hi Tippi,
      Yes you could as long as:
      -You provided over half of his support for the year
      -He did not make over $3,800 for the year
      -He is a US Citizen, national, resident of Canada or Mexico
      TurboTax will ask you the necessary questions to take the deduction if you’re eligible.
      Thank you,
      Lisa Greene-Lewis

  3. Hi, my husband and I can not file taxes because we are on disability. My 17 year old daughter who lives with us is working. Can she claim our 7 year old son on her taxes?

  4. Hi Beck – You would typically file jointly with your wife (unless she is a non-resident). Filing a joint return allows an exemption for yourself and your spouse which is the same amount as the dependent exemption. You do not separately claim here as a dependent. For your child to qualify, they must also be a US citizen or resident, or a resident of Canada or Mexico. This link has more details about who is a dependent http://turbotax.intuit.com/support/iq/About-your-Dependents/Who-is-a-dependent-/GEN12426.html
    Thanks,
    KarenL

  5. I am trying to find out if my son can claim his girlfriend and her son if she is recv. social security from her husbands death? I am wondering if i can claim her and her son as a dependent.

    • Tam… In general, there are 5 tests that have to be met to claim someone as a dependent on your return (or your son’s in this case). Because TurboTax walks you through the tests to determine if you qualify, I would recommend your son do that. It is much easier doing this than wading through the IRS publication. By the way, one of the tests is an income test. Social security is not counted as income for purposes of this test. Only one person can claim someone else as a dependent on their return. It may be you or your son, but not both. Go through the TurboTax interview to see which one of you may qualify. It’s worth a lot of money, so give it a shot. Good luck!

      Bob Meighan, VP TurboTax

  6. My daughter and myself have lived with my boyfriend all year. I received unemployment from april 2012 through december of 2012, totaling 4118.00. can he claim both of us or just my daughter? Her bilogical father cannot claim her at all. Thanks

  7. My grandson lived with me for 7 months of the year and then went back to live with his father. Can I claim him on my 2012 taxes? What if the father says he is going to claim him too? The mother hasn’t worked and is not in the child’s life and will not be filling a return.

  8. i have my niece and she stay with me and her mother but most of the year with me can i clam her and then her mom clam her next year

  9. Hi, I posted a question a couple weeks ago and did not receive a response. Any help would be greatly appreciated!

    I posted: Hi, I am a single foster mother on SSI and SSDI due to brain cancer and cannot work. Due to this, I have no income of my own aside from what I receive in benefits. I have a little one I’ve been taking care of for a little over a year now. Can I claim her on my taxes? I have never (since being disabled) needed to pay anything towards taxes but would I receive a refund (I’d love to start a college fund for her) this year? I am in the process of adopting her also so would this also change my taxes for the following year? Thank you so much =)

    • Hi Brittan – It sounds like you have a lot going on in your life. You can claim your foster child as a dependent as long as she lived with you and you provided her support. This link has more details about who is a dependent http://turbotax.intuit.com/support/iq/About-your-Dependents/Who-is-a-dependent-/GEN12426.html Typically, in order to receive a refund of taxes, you have to have had taxes withheld on your pay or have paid in estimated taxes. If you are thinking about credits, most of them require you to have “earned income”. I would suggest starting a return for free with Turbo TAx…and make sure to go through the dependents and credits section to see how it works out for you.
      Thanks,
      Karen

  10. I’m 21 and planning on getting married this summer. My fiancee and I are both college students and planning on getting our own apartment. I have not lived with my mom for almost 2 years. I don’t receive any financial help from her but I am covered in her health insurance and car insurance policies. I don’t work but I support myself with my financial aid refund. This year and the previous years she has claimed me as a dependent and so I was wondering if I’m married, will she still be able to claim me as a dependent next year since I’m on her health insurance and car insurance policies? If she won’t be able to claim me, will my fiancee be able to claim me next year if he’s the one working and I don’t work? Again, if I receive a financial aid refund next year, that will be my only income I have.

    • Hi – It can get very confusing. Hopefully, I can help clear it up a little. If you are married, typically, you and your husband will file a joint return. Filing a joint return allows a personal exemption for each of you which “takes the place” of the dependent exemption. It doesn’t matter whether you earn income or not. This link Who Is A Dependent? http://turbotax.intuit.com/support/iq/About-your-Dependents/Who-is-a-dependent-/GEN12426.html Let up know if you need more help!
      Thanks,
      Karen

      • Thanks for the reply! I was wondering would I be able to file my own taxes this year and have my mom not claim me as dependent since I support myself with my financial aid? Or is that still considered support from my mom?

  11. I have been Taking care of my sister for more than 6 months but she was never unenrolled from her school in Michigan, but was living with me in Florida, would this cause problems?

  12. My sister in law wants me to claim her children on my taxes because she gets SSI and its not taxable income. The only issue I have is that she also receives medicaid and food stamps for these kids based on her income –
    is this something that is legal to do?? i dont want any problems with IRS

  13. Good Morning! My 17 year old step-daughter receives Social Security benefits through her father who is disabled. The Social Security money is then used for most of her care. Which parent gets to claim her? Is it the parent who the benefits are provided under, or the parent she lives with over 50% of the time? Thank you for your time!

  14. My cousin has been living with me for 11 months out of 2012. I’ve been paying most of the living expenses. Will claiming her affect her SSI benefits? She’s concerned that her SSI will be decreased.

    • Hi! Claiming her as a dependent will not affect her SSI benefits. If she still has questions, she should contact Social Security. Cheers! –Christopher

    • Hi! A child born during 2012 is considered to have lived with you the whole year — even if he or she never left the hospital! –Christopher

  15. Hi, I posted a question a few weeks ago and have not gotten a response. I posted: “Hi, I’ve receive SSDI benefits for myself and my children for the entire year. None of my benefits for the year are taxable. I am also divorced and share 50/50 custody with my childrens father. Since I will not be getting a refund and we share custody can their father claim them? I’m ok with it, I just wanted to make sure it was legal before he does so since I receive the disability benefits for them. Neither of us pays child support since we share 50/50 custody.” Thank you.

    • Hi Callie,
      If there is a divorce decree that states you are the custodial parent and can claim your child, then you have to sign Form 8832 or a similar statement to release your claim to an exemption for your child. Your child’s father must attach the form to the tax return.

      If your divorce decree did not assign a custodial parent then you won’t need to sign the form

      Thank you,
      Lisa Greene-Lewis

      • Hi im heather can i claim my half sister? She lived with me but , my dad forgot to take her out of school.

      • Hello Lisa

        Can claim for my tax return my wife and my son as a dependent we lived with them more than a half year but they are in outside US. ?

  16. I was out of the country last year and did not file 2011 Taxes. My neice lived with me and I provided for her for that year. She was 17 then, now she is 18 and will be filing her own taxes this year. When I file 2011 taxes this year, can I claim her on my 2011 taxes?

  17. Hi
    My mom came from my country on novmber,2012 and she got her green card on december,2012 so now she is a permenent resident. My question is can I claim her as a depenent?????
    P.S she is 48 years old and I she lives with me and I pay all her expenses. Thank you

  18. I have been the head of the house hold from jan-oct of 2012 in oct my husband who did not work all year filled for divorce. How do I file my taxes and can he claim our kids?

  19. Hi Lisa,

    My Mom is 65 years old, and has been receiving Social Security pension of $475 monthly and out of this, $100 is taken out for her Medicare. Can I claim her as my dependent since I’ve been supporting her?

    Thank you.

    Dorothy

  20. can you claim your grandchildren if you helped support them 7 months and they are on hoosier healthwise as their insurance and their mother is getting food stamps

    • we have a similar situation, our daughter and her 2 childern(our grandkids) have been living here for three years, although she,,,to coing a phrase…’stuck it to us’ the last two years,,as in claiming herself, and the kids. This year(2013),,,or,,for tax years 2012 i should say, WE took the deduction,,not only for the grandkids,,but our daughter,,and wear and tear that the kids performned on our houshold. Not to mention the non-custodial parent, i.e, their biological father, hasn’ paid a shred in child suporrt. We have also written off everything we purchased for the kids over the last year,,,clothing,,even meals/food.

  21. The father of my nieces and nephews has been unemployed for the past year and collecting disability. The children are at my house 50% of the time and with him 50% of the time as thier mother (my unemployed sister) lives with me and has been for the past 7 months. I have been the financial provider for my sister and the children for the past 7 months, can their father claim them as dependents even though he has not worked in 2012?

  22. I’m a stay at home spouse, with no children. Should my husband file claiming me as a dependent or do I need to file as well even though I do not work (nor do I receive unemployment). He’s currently deployed and will be filing his taxes on TurboTax online this year. Thanks!

  23. Hi Shawn-

    I am assuming you meant her biological father can claim her. Unfortunately, under the IRS tie-breaking rules, the biological parent has priority when claiming a dependent. If he agrees to give up the dependency exemption, then you can claim her (via your wife/her mother).
    Barb

  24. Can I claim my step-daughter if she lived with me for over 6 months of the year and I provided primary support for her even though a parenting plan states that her biological daughter can claim her every year as long as his child support is paid in full?

  25. Nice post. I was watching continuously this site and I’m impressed! Extremely useful info specifically the last part I care for such info much. I was looking for this particular info for a long time. Thank you and best of luck.

  26. Both my sons and I lived with my mother for all of 2012. I received unemployment for the first 4 months of the year and was a full time student the last half of the year. My mother is going to be claiming both my children since she provided the financial support. Can she also claim me ? I am 33 if that matters

    • Hi Nicole,
      Your mother can claim you as along as:
      – She provided over half of your support
      – You did not earn over $3,800 in taxable income. This would include your unemployment income.
      – You are a US citizen, national, resident of Mexico or Canada

      Thank you,
      Lisa Greene-Lewis

  27. My daughter is 17 and has always lived with me now she has a baby born oct 1 2012 and also has lived with me. Can I claim the baby on my taxes?

  28. Hello,

    My grand-son was born 03/27/2012 and has lived with us legally (by court order) since 6/19/2012. We also had him 18 days prior to the court order. My question is can we claim him on our taxes? We have received no child support and have paid 100% of his expenses including daycare. I ask because I know his father will try to claim him even though he has not supported him at all.

    Thank you,
    Ann

    • I want to add that the reason I’m confused is because he was born in March and did not live with us half the year. We will have had him for almost 6 month (approx 1 day short of 6 months) although he only lived with his parents for 2.5 months.

  29. I have 5 nieces that live with me. Ages 13 to 3 yrs old. I have supported them 100% neither the father (my brother) nor the mother helps me financially to take care of my nieces. They got spearated and decided to go on with thier lives without their children. Now the mother calls and tells me she wants to claim 2 of her kids on her tax, I told her No because I have claimed them this year and she says she does’nt care she will claim them because she is the mother. The mother lives a Utah and my nieces and I are living in California and my brother lives in California as well with his new wife in a different resident. Who will get in trouble if we both file?

  30. My wife was a student in 2010, is her income to be included? Or is there an amount up to a certain value that can be excluded?

  31. Hello June,

    As I understand it, the adoptive parents are now legally the parents of your biological children, making you and your husband not related to them legally. For “non-relatives” the IRS says that the children would have to live with you all twelve months of 2011 in order for you to claim them as dependents on your return. Accordingly, you will need to file an Amended return (on paper – Amended returns cannot be electronically filed) and remove the children as dependents for 2011.

    Going forward, I would recommend that you seek legal advice as soon as possible to formalize your living situation with the children.

    Thank you,
    Denise Elliott

  32. On February 4,2012 i posted a question and was just curious as to why my question was the only one that was skipped over and never answered. I was not aware of making any mistakes on my question and i am pretty sure it is a legit question and i have followed all rules and guidelines.

    • Hi June,
      I apologize if it did not get answered. Can you please tell me what your question is?
      Thank you,
      Lisa Greene-Lewis

      • My 2 boys were adopted 7 years ago due to some problems my husband and i were having. The adoptive parents called us on February 2011 and said come get them i want them out ofd here. My husband and i have had the 2 boys since February 2011 and have taken 100% financially responsibility for them as the adoptive parents have paid 0% for these boys. Now my husband and i filed our taxes & claimed the boys since we took care of them for 10 months of the 2011 year. The adoptive parents called me today saying even though i took care of them that we had no right to claim them. Is this true? Did the adoptive parents have the right to claim the 2 boys even though they threw them out and did not put not 1 cents towards their care? Did my husband and i have the right to claim them since we provided 100% of all care financially, emotionally and physically?

    • Hi Roberta,
      Yes you can file your taxes and if your children are under 19 or under the age of 24 and a full-time student for at least 5 months you can claim them as a “qualifying child” as long as they didn’t supply over half of their own support and meet the citizenship requirements. If they do not meet the age requirement, you may be able to claim them as a “qualifying relative” as long as they didn’t make over $3,700, you provided over half of their own support, and they meet the citizenship test.
      Thank you,
      Lisa Greene-Lewis

  33. HI , QUICK QUESTION I WANT TO USE MY NIECE AS A DEPENDENT I USUALLY SEND MONEY TO MEXICO SHE WAS BORN IN 12/23/2011 CAN I STILL USE HER AS MY DEPENDANT. THANKS

    • Hi Olga,
      Only if you provided over half of her support and no one else claimed her as a dependent.
      In addition, she has to have an Individual Taxpayer Identification Number if she does not have a social security number.

      Thank you,
      Lisa Greene-Lewis

  34. Our 20 year old daughter lived with us prior to moving with her husband to another state in November of 2011. They got married a month earlier. Prior to their marriage, we provided her support. They filed a joint tax return for 2011. Can I still claim her as a dependent for the 10 months we supported her?

    • Hi Karen,
      Unfortunately you may not be able to claim your daughter as a dependent child for two reasons:
      1. First it does not look like she is under the age requirement for a “qualifying child”, which is under 19 or under age 24 only if a full-time student for at least five months out of the year.
      2. You cannot claim a child as a dependent if the child and their spouse filed a joint tax return unless they filed only to claim a tax refund.
      See IRS publication 501
      “To meet this test, the child cannot file a joint return for the year.
      Exception. An exception to the joint return test applies if your child and his or her spouse file a joint return only as a claim for refund.”
      http://www.irs.gov/publications/p501/ar02.html#en_US_2011_publink1000220886
      Thank you,
      Lisa Greene-Lewis

      • Hi Lisa, quick question. Sorry to ask you this way but why wasn’t my question answered? I asked a tax question and followed all rules on February 4, 2012 and you never answered but yet the questions after mine were all answered. I am so confused by this. I know my situation is extremely rare but to not answer me and completely ignore my question was not very nice or fair treatment.

  35. My husband passed away Dec 2010. Our 16 year old daughter receives Social Security survivor benefits which are paid under her S.S #. Her SS is enough to cover her all of her expenses. Do I need to claim single or can I claim qualifying widow with her as my dependent?.

  36. Lisa,
    My adopted son was just admitted to a hospital for a year long treatment program. I will still be driving back and forth to visit him and help with his treatment. Will I be able to claim him on my taxes next year?

    • Hi Chelle,
      Yes if he meets the age requirements (under 19 or under age 24 if a full-time student for at least five months) you will be able to claim him as a “qualifying child” if he does not provide over half of his own support. If he does not meet the age requirements you can claim him as a “qualifying relative” as long as you provide over half of his support and he doesn’t make over 3,800 in 2012.
      Thank you,
      Lisa Greene-Lewis

  37. Hey Lisa

    If a relative of mines claimed me their dependent can I still file because I worked in 2011 and also have a dependent {My child}

    • Hi Kay1,
      Yes you should still file if you worked in 2011, however you can’t claim an exemption for yourself on your tax return if someone claimed you.
      Thank you,
      Lisa Greene-Lewis

  38. I’m using tax turbo for my return – but have a question -couldn’t find an answer I was sure of.
    My granddaughter, her husband, & child lived with me the entire yr of 2011. He gets SSI benefits = $650 a month. Does this money count as “money he made” re the can’t have more than $3700 a yr in order to claim?

    • Hi Linda,
      It will only count if it is taxable, which social security typically is not taxable unless he receives other income which causes his income to be taxable.
      Thank you,
      Lisa Greene-Lewis

  39. I claimed my 4 year old neice as a dependent on my taxes. She lived with me through August 30th. The family that has her now says that they should be able to claim her and that I should file an ammended return. Do you have any suggestions?

    • Hi Sabby,
      When claiming a “Qualifying Relative” the test ultimately lies with support. If you provided over half of her support then you would be eligible to claim her.
      Thank you,
      Lisa Greene-Lewis

  40. Lisa,

    My Dad is now receiving SSI but not the full amount since he declared that he lives with me. Can I still claim him as a dependent for taxes?

    • Hi Laine,
      As long as you provided over half of his support, his earned taxable income is not over $3,700, and he meets the citizenship test you can claim him.
      Thank you,
      Lisa Greene-Lewis

    • Hi Bo,
      If you file married filing jointly you will get a personal exemption of $3,700 for your wife.

      Thank you,
      Lisa Greene-Lewis

  41. Lisa,

    Thank you so much for your prompt reply. So just to clarify; We can claim her as long as we were financially responsible for her at least 6 months of the year; even though my niece worked from August through December and will claim herself during this time frame?

    We want to make sure we are doing the right thing with the IRS and truly appreciate your continued assistance.

    Thank you,

    Tracy

  42. Lisa,

    My niece lived with my husband and I from October 2009 through June 2011. She was in high school and not working until after she moved out. Based upon what you mentioned on your post from Nov 3, 2011; we could not claim her unless she lived with us into July? Is this correct? She was 17 and turned 18 on April 23, 2011. Your assistance is greatly appreciated!

    Thank you!

    • Hi Tracy,
      That post may have been related to a boyfriend/ girlfriend or a “qualifying child”. In your case a “qualifying relative” such as a niece does not have to live with you the entire year, but you would have to provide over half of her support in 2011.
      She also must be a U.S. citizen, national, resident alien, or a resident of Mexico or Canada.
      Thank you,
      Lisa Greene-Lewis

  43. Hello, I was wondering if my brother can claim me (his sister) along with my husband who is on SSDI and my 2 kids on his 2011 taxes? I am 33 years old and a full time student. He was helping us get on our feet this year.
    Also, how would that affect his taxes/credits if any?
    By the way, he has a wife and children of his own as well. Thank you for your help.

    • Hi Sharon,
      Your brother may be able to claim you as a “qualifying relative” as long as you meet the following tests:
      -Whoever he claims must be a U.S. citizen, national, resident alien, or a resident of Mexico or Canada
      -He must provide over half of your support
      -Who ever he claims cannot earn over $3,700
      -He would not be able to claim any of you if you were required to file a tax return
      TurboTax will guide him through “qualifying dependents” and put the appropriate deductions on his tax return
      http://turbotax.intuit.com/

      He could receive a deduction of $3,700 per dependent that he is eligible to claim.
      Thank you!
      Lisa Greene-Lewis

    • Hi Miriam,
      In order to claim children as dependents they must live with the taxpayer more than half the year. Exceptions may apply in certain cases with divorced or separated parents.

      I hope this helps you!

      Thank you,
      Lisa Lewis

      • TurboTaxLisa I have a question about filing taxes this month. 2/3/13 how do I get in contact with you?

  44. I have been on disability since January, and my mother has been taking care of me, i have been living w her….and ect…..Can she claim me on her 2010 taxes?

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