Legal Question in Tax Law in New Jersey
Legal / Tax Related Question:
My daughter is 20 years old; she works part-time, is a full-time college student, and lives at home. She has not been emancipated and her biological father still pays child support. However, my daughter has a child (1yr) of her own now. My question is can she be claimed on her parents tax return or should she file herself (claiming herself and her child)?
1 Answer from Attorneys
The answer depends on the actual financial facts. First, she lives with you, is a biological descendent, and is a full-time student under 24. Therefore, if more than 1/2 of her support is supplied by you, then she may be dependent (as well as her child). Depending on her income, however, it may be better for her to file and take advantage of the Earned Income Credit. The answer is highly fact dependent and I suggest that you speak with your tax preparer to have the returns prepared both ways to see which one is better.
I hope this helps!
Ron Cappuccio
www.taxesq.com
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