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Growing Xanden Wyatt-Due 3/5/09 | My dad wants to claim me as a dependent but he wants me to still file my own taxes? i dont understand.. will? |
i still get a tax return back?.. im 23 live with him and went to school full time for four months. |
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moglie
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If you qualify as his dependent for tax purposes, you will simply not be able to claim an exemption, and the standard deduction could be reduced based on your income.
I say if, because I don't believe you qualify as a dependent child, but could possibly qualify as a dependent relative. A dependent child is someone under 19 or under 24 and attended school full time for 5 months. Of course the parent has to provide at least half support in addition to the age/school requirements.
You might be a qualifying relative if your gross income was less than $3,400 or you are disabled. |
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taxreff
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Based on your message, if you earned over $3,400 your father would not be able to claim you as a qualifying relative.
You would need to be a full-time student in any part of at least 5 months in order to be a dependent under the less-stringent qualifying child rules.
Whether he can claim you or not, if you are over the filing minimum for your circumstances you would need to file your own return. |
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notaperviemusculargent
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This is a tricky question. The answer is: your Daddy gets your exemption with what I know from the info you provided. But I'm going to put up the exceptions also just in case. Here's what the IRS says. They put the Internal Revenue Code in to the everyday English that you are I are familiar with:
~ The child must be (a) under age 19 at the end of the year, (b) under age 24 at the end of the year and a full-time student, or (c) any age if permanently and totally disabled.
However, note this also from the IRS:
~ Full-time student. A full-time student is a student who is enrolled for the number of hours or courses the school considers to be full-time attendance.
The IRS is not clear on two semester, three semester school years, online correspondence courses for a few months, and a few other situations. You would have to consult your school's catalogue or call the Admissions department of your school. If the school says you are a full-time student, that should be good enough.
Another IRS rule for claiming the exemption: The child must have lived with you for more than half of the year. {IRS has a footnote: 2 There are exceptions for temporary absences, children who were born or died during the year, children of divorced or separated parents, and
kidnapped children. }
If your Dad provides more than 50% of your support, you are in school full-time, you are under the age of 24, you are a U.S. citizen, he can claim you.
Are you married? If you are, your Dad can only claim you if you and your spouse had no income tax liability whether filing married filing jointly or married filing separately.
IRS: You generally cannot claim a married person as a dependent if he or she files a joint return.
Example.
You supported your 18-year-old daughter, and she lived with you all year while her husband was in the Armed Forces. The couple files a joint return. Even though your daughter is your qualifying child, you cannot take an exemption for her.
Exception. The joint return test does not apply if a joint return is filed by the dependent and his or her spouse merely as a claim for refund and no tax liability would exist for either spouse on separate returns.
NOTE: if you had income tax withheld, you must file to get them back. |
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Judy1
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If you were only in school full time for four months, not some part of at least five calendar months, and you are 23, then he can't claim you as a qualifying child, and if your income was over $3400 he can't claim you as a qualifying relative either, which means that he can't claim you at all. Tell him to check the rules.
That said, it is totally possible for a dependent to file his or her own tax return. |
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Elizabeth S
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Yes, file your income taxes even though you are a dependent. You can take the college credit and you might get a tax refund back. |
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artillerygirl01
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Your dad CAN claim you if you are a student for at least 5 months of the year, and are under age 24, and you live with him. If you had a job, you should file a tax return as well. However, you cannot claim a personal exemption for yourself, because you can be claimed as a dependent on someone else's return. Even if your father didn't claim you, you are still not allowed to claim your personal exemption. This is not tax fraud. It is legal, if all the requirements for you being a dependent are met. |
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bostonianinmo
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Your father claiming you as a dependent is totally separate from your requirement to file a tax return.
But to clear something up first. If you are age 23 and only attended school for 4 months in 2007 your father can NOT claim you as a dependent under the Qualifying Child rule.
He may still be able to claim you under the Qualifying Relative rule IF you lived in his home ALL year AND you had less than $3,400 in gross income for 2007 AND he provided more than half of your support. This is considerably more restrictive than the Qualifying Child rule.
Now, as to YOUR tax return. If you can be claimed as a dependent and had income from wages that exceeded $5,350 in 2007 you MUST file a return. If you cannot be claimed as a dependent that jumps to $8,750.
Even if you are not required to file, if any income tax was withheld from your wages you must file a tax return to have those redunded to you.
And just to clarify some terminology. You do not "get a tax return back," you FILE a tax return. A tax return is the forms, schedules and attachments that you send to the IRS either by mail or electronically. You figure your taxable income and tax liability on your tax return. If more tax was withheld than your tax liability shown on your tax return you get a REFUND. If less was withheld you have to PAY when you file your return. |
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pikaberrygrl
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As long as you lived in your dad's home for more than 1/2 of the year and he provided more than 1/2 of your support, and if you were a full-time student in 2007, then your father can claim you as a dependent.
You will still need to file your own tax return but you will not be able to claim the $3,400 tax exemption. |
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frichalf
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Of course he can still claim you as a dependent for 2007, but when you file your tax return you cannot claim yourself as an exemption. This is VERY common along minors and college students, he is doing nothing wrong. He needs your exemption more than you do (most likely). If you have any questions go to http://www.irs.gov |
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Trillian
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If he provides the majority of your support, you are a dependant. If all of the year was full-time it was definitely eligible.
See http://www.irs.gov/publications/p501/ar02.html#d0e2859
You can still file a tax return (and probably get a refund) but you won't get a personal exemption. That exemption will go on your dad's return instead. If he makes a lot more money than you do, then it will save a lot of money.
You could argue with him about the dependant thing, but maybe you could just ask him for some of the money? he might tell you to get a job and move out... |
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N S
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He can't claim you as a dependent because you're no longer a minor. If he somehow finds a way to claim you, no you wont' get any money back, he'll get your money instead. |
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licketyslit34
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Can you say "TAX FRAUD" |
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