Dependents 17 and over - will they receive stimulas?

[JT2307]

Maybe this has already been asked and answered - but if the dependent is a student and they file on their own instead of being claimed on parents return - will they receive the stimulas???

[TaxGuyBill]

No, a dependent would not qualify.

But if the person is a dependent on the 2019/2018 return and NOT a dependent on the 2020 tax return, the would receive the credit on their 2020 tax return.

[JT2307]

I understand dependent does not qualify - what if they file on their own for 2019? and they are still in school but not claimed as a dependent on their parents return- do you believe they will receive the stimulus? or do they just wait until 2020 and file on their own?

[TaxGuyBill]

If a person WAS a dependent in 2018 and NOT in 2019, then they MIGHT receive a Stimulus check. It depends on when they they file their tax return and when the Stimulus program looks that the IRS data. If the non-dependent child already filed before all of this, yes, they should receive a check. If they hurry up and file now, then maybe.

[New York Enrolled Agent]

I understand dependent does not qualify - what if they file on their own for 2019? and they are still in school but not claimed as a dependent on their parents return- do you believe they will receive the stimulus? or do they just wait until 2020 and file on their own?

The matter of dependency is one of fact.

Somewhat similar to the ACA provisions where some taxpayers wanted to leave off dependents to avoid the penalty. If the student was indeed the dependent of the parent the failure of the parent to claim the student does not make the student eligible for the payment.

Look at the standard deduction section on 1040. The question is if "someone CAN claim you as a dependent" and not "Did someone claim you as a dependent".

The text of the legislation addresses the issue [emphasis added]

-

not eligible to

‘‘(2) any individual with respect to whom a deduction under section 151

IS ALLOWABLE to

another taxpayer for a taxable year beginning in the calendar year in which the individual’s taxable year begins,

[dtlee]

While I cannot disagree with NYEA, the question was not asked that way. Any dependent who is required to file a tax return will file "on their own" so I do not think the question was asking "What if a dependent is not claimed but files their return correctly indicating that they can be claimed on another tax return?" I think the question was, "What if a dependent files a false tax return by not checking the box indicating that they can be claimed and the parents likewise do not claim the dependent? (In other words, one lies and the other swears to it.) I don't really understand what else could be meant by "what if they file on their own for 2019?" Form 8615 vs Form 8814?

I understand dependent does not qualify - what if they file on their own for 2019? and they are still in school but not claimed as a dependent on their parents return- do you believe they will receive the stimulus? or do they just wait until 2020 and file on their own?

Generally, dishonest taxpayers are fine until they are caught, but this kind of question seems out of place on this forum.

[ATSMAN]

The question is if "someone CAN claim you as a dependent" and not "Did someone claim you as a dependent".

That is an important point and I want to bring attention to children who graduated in 2018/2019 and have enough earnings to fail the support test.

I have a client whose son was a full time student in 2018 and met all the tests for dependency. In 2019 while still a student (senior) he got a job with a Computer/Network Servicing company and his 2019 W2 had a taxable income of $52,000. His father makes $65,000.

[marlenew]

What about a senior individual who collects social security and doesn't file a tax return as only income and is claimed on the daughter's return as a qualifying relative. Daughter doesn't get money for Mom but what about the mother since she is being claimed as a dependent. How will they handle this situation??

[TaxGuyBill]

What about a senior individual who collects social security and doesn't file a tax return as only income and is claimed on the daughter's return as a qualifying relative. Daughter doesn't get money for Mom but what about the mother since she is being claimed as a dependent. How will they handle this situation??

Nothing should happen. The senior doesn't qualify because she is a dependent, and the daughter won't get anything because the dependent is not a Qualifying Child.