Legal Question in Tax Law in Texas

Claiming Dependants

My 20yr. old daughter & 5 month old Grandson have been living with me for the past 4 months. I have been supporting them both the entire time, until 3 weeks ago when my daughter finally found a job. But I'm still basically supporting them because she has only received one check thus far. She has no immediate plans of moving anytime soon. My question is, Can I claim one or both of them when I file my Income Tax Return? Or does she have to claim them both? Also, who claims Head of Household, her of me? I truly hope that someone has an answer for me.

Thank You


Asked on 10/13/04, 3:16 am

1 Answer from Attorneys

Re: Claiming Dependants

An individual can file as head of household if all of the following requirements are met: (1) unmarried or considered unmarried on the last day of the year; (2) individual paid more than half the cost of keeping up a home for the year; and (3) a qualifying person lived with the individual filer in the home for more than half the year.

Under the Internal Revenue Code, a child, grandchild, etc. is a qualifying person if he/she is single and you can claim an exemption for him/her.

In order to claim a dependency exemption for a person, all of the following requirements must be met: (1) the person either lived with the individual filer for the entire year as member of household or be related to the filer; (2) person must be a US citizen, resident alien, etc.; (3) if person does not file a joint return; (4) person's gross income doesn't exceed $3050 (this test does not apply if the person is under 19 at the end of the year or is a full-time student under the age of 24); and (5) individual filer provided more than half of that person's told support during the year.

By all means you should speak with a representative of the IRS or an attorney regarding this as well as other tax questions.

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Answered on 10/24/04, 10:28 pm


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