Unit 3: Dependency Relationships Flashcards
What are the primary tests for dependency?
- Dependent taxpayer test
- Joint return test
- Citizenship or residency test
Dependent Taxpayer Test
Any taxpayer who can be claimed as a dependent can’t claim a dependent themselves. Only 1 person can claim an individual
Joint Return test
Married persons who file a joint return cannot be claimed as a dependent by another taxpayer
When does the joint return test not apply?
If the return is filed by dependent only to claim a refund and neither spouse would have tax liability l, even if separate returns were filed
Pg 85
Citizenship or Residency Test
Dependents must be a citizen or resident of the United States or a citizen or resident of Canada or Mexico.
U.S. citizens or us nationals that legally adopt a child overseas are an exception to rule as long as the child lives w taxpayer as a member of household all year.
Qualifying child tests
- Relationship test
- Age test
- Residency test
- Support Test
- Tiebreaker test(for qualifying child of 1more person)
Qualifying Child: relationship test
- must be related to taxpayer by blood, marriage, or legal adoption
- child, stepchild, adopted child
- sibling, half sibling, step sibling, (half siblings, step - etc.)
- descendant of one of above
- foster child
Adopted children treated as normal child
Qualifying Child: Age test
Dependent must be:
- under age 19 at end of the tax year
- under the age of 24 at end of tax year and a full time student
- permanently and totally disabled at anytime during year regardless of age
Child must be younger than taxpayer claiming as dependent
For joint filing, child doesn’t have to be younger than both parents, one is enough.
Qualifying Child: residency test
Must live with taxpayer for more than half’s a tax year. Home is where taxpayer regularly live - homeless shelter, traditional home etc
Exceptions of residency test for qualifying children
Divorced parents
Kidnapped children
Children born or passed during tax year
Hospitalizations that are long term
Temporary absences
What is considered a temporary absence?
Illness, college, vacation, military service, institutionalized care for a child permanently and totally disabled and incarceration in a juvenile facility
Typically assumed that child will return to home after the above is complete.
Qualifying Children: support test
- Child cannot provide more than half of their own support.
- social security benefits used by child are considered self support
- full time students don’t take full time scholarships into account when calculating support test
What is the definition of support?
Pg 89
Income actually used for living expenses.
Persons own funds not considered support unless they’re actually spent for that reason.
Ex: child’s bank savings not considered support since it was not spent
What circumstance do you apply the Tie Breaker Test?
When a child meets rules to be qualifying child for more than one person.
only 1 person can claim a child on the tax return
The Tiebreaker Rules to determine a qualifying child applies in sequence:
- Child’s parents if they file a joint return
- by the parent, if only one of the taxpayers is the child’s parent
- by the parent with whom the child lived the longest during the year
- by the parent with the highest AGI, if the child lived w each parent for the same length of time during the tax year
- by the taxpayer with the highest AGI, if neither of the child’s parents can claim the child as a qualifying child
- by a taxpayer with a higher AGI than either of the child’s parents who can also claim the child as a qualifying child but does not
When do you use the Qualifying Relative designation?
- individuals not considered family members can be a qualifying relative
- any age
- used when tests for qualifying child not met
What are the tests to determine a Qualifying Relative?
- Not a qualifying Child Test
- Member of household or relationship test
- Gross income test
- Support test
Qualifying Relative: “Not a qualifying child” test
- taxpayers can’t claim an individual who can be claimed dependent on another tax return pg 90
- may qualify as taxpayer’s dependent under tests for qualifying relative, even if that child is QC for another taxpayer. If….
- child’s parent is not required to file income tax return, and either does not file a return
- only files to get a refund or income tax withheld or estimated tax paid
QR: Member of Household or Relationship test
Dependent not related to taxpayer must have lived with the taxpayer the entire tax year in order to meet the member of household or relationship test.
What are the exceptions to the Member of Household or Relationship test?
- family members don’t have to live w/ the taxpayer to meet test:
- child, step child, foster, descendant (grand child)
- sibling, step and half
- parent, grand, step, a direct ancestor (not foster parent)
- niece, nephew, son and daughter in law, mother, brother, sister in law
Taxpayers may not claim
Housekeepers or other household employees even if the employee lives with the taxpayer all year
QR: Relationships established by marriage does not end as a result of death or divorce
Ex: if taxpayer supports mother in law, taxpayer can continue to claim her as a dependent even if he and his ex spouse are divorced or if he later becomes widowed
QR: Gross Income Test
- Dependent’s gross income for tax year must be less than threshold amount.
- qualifying relative can’t earn more than deemed exception amount: $4400 in 2022
- there are no gross income tests for qualifying child
Define “Gross Income”
Income in the form of money, property, and services not exempt from tax