It's finally happening. Your child is old enough to vote, buy their own ticket to a rated R movie, register for the armed forces, and apply to colleges. They haven't quite moved out yet, but you are hoping and praying that day will come sooner than later.
This is a false statement tax preparers hear all the time: "Well I can't claim Daryl anymore, he turned 18." While it would make sense that the government would try and limit your deductions just because your dependent can buy lottery tickets on their own, this isn't actually the case.
In most scenarios, YES, you can still claim your 18 year old as long as certain circumstances are met.
The IRS has given taxpayers a 6 tests within their tax code. Let's look at these one-by-one. If you answer No to any of them (except #5), you may not be able to claim your 18 year old.
- Relationship - Is the child your son, daughter, stepchild, eligible foster child, grandchild, brother, sister, half-brother, half-sister, stepbrother, stepsister, niece, or nephew? In other words, is your 18 year old related to you by blood or legal means?
- Age Test - Is your child under the age of 19 at the end of the year?
- Residency - Did your 18 year old live with you and share the same address for over 6 months? Temporary absences for military or education are allowed.
- Support - Did you provide for over half the support for your 18 year old? Including costs of housing, food, insurance, etc.
- Joint Return - Did your 18 year old get married and file a joint return?
But what if your deadbeat ex-spouse feels like they provided half the support and is trying to claim your 18 year old? It then goes to a tiebreaker.
Tie Breaker Rules - Winner gets to claim the 18 year old
- Child lives with you for more than half the year
- If child split time with each parent equally, the parent with the higher AGI claims the child
- Any individual who provided half the support of the 18 year old claims the dependent if not a parent
And there you have it. As long as you answered questions 1-4 in the affirmative and question 5 with a no, that newly crowned adult is worth $500 on your federal tax return and an additional state amount depending on which state you live in.
For more questions about children of divorced or separated parents, see our other posts.
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