Can my parents still claim me on their taxes if I make more then them?

Question

okay so long story short I am a college student with an apartment ect. I pay all my own expenses ect. My parents think its because my scholarship pays for everything and that I work only a part time student job. My parents are the type if I told them I had money they would begin to think I have the obligation to help them with their own bills ect. So I have kid the fact that I make all this money. My issue is last year they claimed me as a dependent even though I asked them not to, can this come back to haunt me? For next year when I will be 22 can they even claim me? No mean comments about how I should be helping them if I make more. Right now I need to graduate school then I can help everyone out. I know that sounds selfish but I have to think of me first before I can help anyoone or I will end up helping no one with a factory job.

Answer 1

No.  Period.

Answer 2

If you provide over half of your own support, then they can't legally claim you.  If you live in the apartment year-round and you are paying for it, and don't just live there during the school year and go back to their home on vacations and breaks, then they can't legally claim you.

If you are supporting yourself and they are still claiming you, then you could force the issue by claiming yourself on your own return, then the IRS would investigate and disallow one of the claims.

Answer 3

If they are no longer supporting you, they should not claim you.  If you want to contest what they did in 2007, you will have to file your return (or an amended return) claiming an exemption for yourself via hard copy.  IRS will then ask both parties that claim an exemption for you (yourself and your parents) to justify their claims.

Answer 4

When a person supports over 1/2 of their own expenses, no matter how old they are, they can NOT be claimed as a dependent under anyone else's tax return regardless.  That is one of the tax rules that has no exceptions.  Your parents are committing fraud (unbeknownst to them) if they are claiming you as a dependent when you support over 1/2 of your own expenses.

Check out Table 3-1 on page 26 of Publication 17 attached as a link below.  Both types of dependent categories fail if the target individual supports over half of their expenses (items 4 in each category).

But, listen to the other answers.  Calculating what constitutes your support is not trivial.  Your parents may be, in fact, providing over 1/2 of your support.  If you live with them, you need to consider the value of that housing.  What would you pay for similar quarters in the neighborhood?  Ignore the scholarship entirely.  If it is close to 1/2, I wouldn't worry about it.  If you clearly support over 1/2 of yourself, then you need to be concerned.

Once you stop school and/or turn 24, you can no longer be a Qualifying Child.  You can be a Qualifying Relative, but your income will have to be below a certain amount (item 3).

Publication 17 does a much better job explaining all of this than I can.

No need to ask us to not be mean.  The answers on this particular message board, especially the Top Contributors, are good, decent, factual people.

Answer 5

If you are paying for an apartment, I can't imagine that your parents meet the qualifications for claiming you.  Claim yourself, even if they claim you.  Then you will each recieve paperwork from the IRS asking each of you question which will determine who gets to claim the exemption.

Answer 6

The real issue isn't who makes more money, but it is whether you provide more than half your support.  A student can make a lot of money, and sock it all into a savings account, and that money would not count as support.

From what you describe, you might support yourself, which would mean your parents cannot claim you.  You simply file your tax return by mail (rather than e-filing), and claim yourself.  The IRS will ask for additional information if they need it.

If you already filed your tax return and checked the box saying that someone else could claim you, you can amend your return using form 1040x.

< addendum >

If you don't live with your parents at all, even when school is out of session, the whole support issue is not even relevant.  Your parents cannot claim you in that case.

Answer 7

Read IRS publication 501.

Fill out the support test worksheet.

This will be close.  The scholarship *isn't* part of the equation.

Their cost of housing/food for you *is*.

Determine if you did support yourself or not.  If you *did* support yourself, they can't claim you and you need to break the news to them.

Answer 8

If you are still using their address for all you major school documents-bills, transcripts.  You are still on their health insurance. And is enrolled as a full time student. They can still claim you as a dependent; but I think last year was the last year.  All in all, you want be getting in trouble for it.