Not sure if there are any tax experts on here but I have a question that I cannot find an answer to on the IRS website or anyplace else I have looked.

Here it goes...

At what age can my full time college student daughter file her taxes on her own? I know I can claim her until she is 24 as long as she is a full time college student. But do I "have" to claim her? Or can she file on her own?

The reason I ask is that she wants to try to get residency in North Carolina. One of the determining factors is that she is independant--which includes filing her own taxes.

Why can't she file now ? There is a question , that ask can anyone else claim you or similar, so just answer yes( if she files), did she work ?

Get a W2, if so file.

Call the IRS.

If you don’t like the answer call back.

Repeat as needed.

Once you get the answer you like, document who gave you the info.

.

Last year I had to claim her because she lived with us more than 6 months of the year and she was considered a dependant. But I have heard that I still may need to claim her even now because she is a full time student.

Yes, she made her own money last year. And she is working in NC now.

I really didn't want to have to call the IRS. Can you imagine trying to get through the week before taxes are due?

And didn't you know that CBID is the place to go to get answers to all questions?

She did file her own taxes for 2009 BUT she was claimed as a dependant on my taxes. She wants to know if she can file without being my dependant.

Is this going to cut into our return? If yes, then the answer is NO she can't.

^^^ Wow just wow ......... LOL

LOL

???? you wasted that with a "LOL"????

whatever.

nine

No accountant to ask? Ask H&R Block or the like. Just find out what the exact requirement s for residency are and what the dis qualifiers are.

Disclaimer:

Am not a tax professional by any means.

No, you don't have to claim her. However, it's in your benefit to do so, generally.

I have the same issue. Kid in college. She works, but not much. She has hardly any taxes taken out (she earns too little).

I claim her as a dependent, I get a deduction. If I don't, then I can't. I get a bit more money by using her as a dependent (and all that entails) than she could ever get on her own.

And that, is the key point. If you get $5k worth of deductions (not to mention tax credits for education, etc.), then why would you allow her to file (she won't itemize, she doesn't have enough to do so) to get $500?

My $0.02.

fret

I will try to ask our business accountant but they aren't the best at answering questions.

Maybe after next week I can try to call the IRS. Sorry but I don't trust H&R Block to answer anything.

Sorry NINE--didn't mean to mess that up.

I understand the rules this way.

It is to your advantage to claim a dependent due to the various tax benefits. However, it is NOT a requirement. Your daughter can and MUST

file for herself if she has enough earned income and you do not claim her.

Sounds good, I would think the question/point I asked/made is key.

Why allow her to file on her own if the deductions/credit would be substantially less?

See what your accountant says, though. They'd know much more than me.

fret

LadyHay - is she trying to get NC resident status in order to get better tuition at a state school?

I would prefer to keep her on my taxes as it is a nice deduction for us. But since she needs to get residency in NC for med school she really needs to show that she is not a dependant. What is best for us is not necessarily but is best for her.

As a student in a similar situation you don't have to claim her. She can file on her own.

The real issue is, can you still claim her as a dependent. if so, she can not claim the personal exemption on her return. The general rule is that if you provide more than 50% of her support, she is a dependent.

If she has taxable income, she must file her own return, but will file as a dependent child if you provide 50% or more of her support.

Hope this helps.

If you would like more information:

kwc AT IdahoEstateLaw DOT com

just to clarify --

just because you do not claimer her as a dependent, it does not mean she can legally claim that she is not a dependent.

The legal test is "can someone else claim you as a dependent?" if the answer to that question is yes, she can not claim a personal exemption.