Dependency Test

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  • peggysioux
    Senior Member
    • Sep 2006
    • 666

    #1

    Dependency Test

    Taxpayer provided separate home and support for his 27 year old and the 27 year old's daughter while daughter attended school. My question is can taxpayer claim granddaughter as a dependent under the qualifying relative rule if daughter does not claim child as qualifying child?
  • Gary2
    Senior Member
    • Aug 2010
    • 2066

    #2
    Will the daughter be filing a return, and if she does, will it be strictly to claim a refund of withholding, with no credits taken?

    Comment

    • peggysioux
      Senior Member
      • Sep 2006
      • 666

      #3
      Dependency Test

      Daughter will not be filing a return.

      Comment

      • erchess
        Senior Member
        • Jan 2007
        • 3513

        #4
        Then I think

        Grandpa can claim his granddaughter as a dependent exemption. I'm tired but if I remember right you can't get credits based on an other dependent. I suspect Grandpa can claim his daughter as an other dependent and get her personal exemption as well since she is properly not filing a return. If this is a new client you might want to speak with the daughter to verify that everything is on the up and up.

        Comment

        • Gretel
          Senior Member
          • Jun 2005
          • 4008

          #5
          Originally posted by erchess
          If this is a new client you might want to speak with the daughter to verify that everything is on the up and up.
          I think this would violate the privacy of Grandpa.

          Comment

          • taxmom34
            Senior Member
            • Nov 2008
            • 732

            #6
            a question in my mind about this situation. i thought you could only take a parent as a dependent and that parent did NOT have to live with you. can you take a child and grandchild if they do not live with you?

            Comment

            • jimfrombx
              Member
              • Jan 2012
              • 40

              #7
              You are thinking of HOH for parent

              Comment

              • taxmom34
                Senior Member
                • Nov 2008
                • 732

                #8
                TTB page 3-15 #5 says : member of household for more than six months is a requirement for dependency, am i wrong?

                Comment

                • ddoshan
                  Senior Member
                  • Feb 2012
                  • 326

                  #9
                  Originally posted by taxmom34
                  TTB page 3-15 #5 says : member of household for more than six months is a requirement for dependency, am i wrong?
                  Your looking at rule for Qualifying Child. Above would be rules for qualifying relative.

                  Comment

                  • Mrssanny
                    Junior Member
                    • Feb 2016
                    • 4

                    #10
                    Dependency rule a self employed

                    For purpose of dependency rule a self employed with gross income of 7500 for 2017 and a his profit was (Haircut Salon)3500 can be claim as a dependent by the parents. knowing that the profit was less the 4050 which is a Exemption

                    Comment

                    • New York Enrolled Agent
                      Senior Member
                      • Nov 2006
                      • 1531

                      #11
                      Originally posted by Mrssanny
                      For purpose of dependency rule a self employed with gross income of 7500 for 2017 and a his profit was (Haircut Salon)3500 can be claim as a dependent by the parents. knowing that the profit was less the 4050 which is a Exemption
                      §152(d)

                      (d)Qualifying relative

                      For purposes of this section—

                      (1)In generalThe term “qualifying relative” means, with respect to any taxpayer for any taxable year, an individual—
                      (A)...,
                      (B)whose gross income for the calendar year in which such taxable year begins is less than the exemption amount (as defined in section 151(d)),
                      (C)...,

                      Comment

                      • Rapid Robert
                        Senior Member
                        • Oct 2015
                        • 1983

                        #12
                        Originally posted by Mrssanny
                        For purpose of dependency rule a self employed with gross income of 7500 for 2017 and a his profit was (Haircut Salon)3500 can be claim as a dependent by the parents. knowing that the profit was less the 4050 which is a Exemption
                        Looks like you've revived an old thread because you searched for the topic before asking your question, which is good.

                        You leave many details out. Are we talking about a Qualifying Child or a Qualifying Relative/Other (all dependents must be one or the other). Your understanding of gross income may not be correct. It is not net profit, so the $3,500 number does not matter at all. All that matters is the gross revenue of $7,500, and any possible Cost of Goods Sold, which would be subtracted before coming up with Gross Income. As a salon, maybe he sells products, but how much? That will ultimately determine. If he was a tax preparer, for example, the full $7,500 would almost certainly be considered Gross Income, therefore not meeting the requirements of Qualifying Relative/Other.
                        "You said it, they'll never know the difference. Come on, we'll paint our way out!" - Moe Howard
                        "That's enough! When you didn't know what you were talking about, you really had something! [to Curly]" -Moe Howard

                        Comment

                        • taxea
                          Senior Member
                          • Nov 2005
                          • 4292

                          #13
                          Originally posted by peggysioux
                          Taxpayer provided separate home and support for his 27 year old and the 27 year old's daughter while daughter attended school. My question is can taxpayer claim granddaughter as a dependent under the qualifying relative rule if daughter does not claim child as qualifying child?
                          Daughter is over school age and neither lived with him. Unless you provide more detail neither may qualify as dependent.
                          Believe nothing you have not personally researched and verified.

                          Comment

                          • abctax
                            Member
                            • Jan 2009
                            • 95

                            #14
                            Old...

                            Originally posted by taxea
                            Daughter is over school age and neither lived with him. Unless you provide more detail neither may qualify as dependent.
                            You're responding to the six-year old part of the thread. There's a new twist & question as of 2.15.18

                            Comment

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