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Natasha Petrova

Am I eligible to be claimed as a dependent at 28 years old living with parents?

I'm 28 years old with two steady jobs and not in school at all. I've been living with my parents my entire life, and while they don't charge me rent, I handle all my own expenses - phone, car insurance, groceries, gas, etc. They don't financially support me in any way. From what I've read on the IRS website, my parents shouldn't be able to claim me as a dependent just based on my age alone since I'm well over 24 and not disabled. But my dad insists that because the entire household is technically "his house," he should be able to claim me on his taxes. We got into a pretty heated argument about it last night because I want to file as independent and claim my full refund (around $3800). He says I'm wrong and that he's "entitled" to claim me regardless of what the IRS guidelines say because I live under his roof. Can someone please tell me if I'm understanding the dependent rules correctly? I'm planning to file my taxes next week and need to know who's right.

You're absolutely right about your status. The IRS has clear guidelines about who can be claimed as a dependent. For someone your age to be claimed as a dependent, they would need to meet the requirements for a "qualifying relative" since you're well past the age limits for a "qualifying child" (which generally cuts off at 19, or 24 if you're a full-time student). For you to be claimed as a "qualifying relative," your parents would need to provide more than half of your total support for the year. Since you pay for all your own expenses, you don't meet this requirement, even if they're providing you with housing. Additionally, you'd need to have earned less than $4,400 in 2023 (the amount adjusts yearly), and with two jobs, you've almost certainly exceeded this. The fact that you live in their home doesn't automatically make you a dependent. The "my house, my rules" argument doesn't apply to tax law!

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Emma Davis

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Thanks for explaining! But what if my parents argue that by providing free housing they ARE providing more than half my support? Housing costs are expensive where I live and rent would be like $1500/month if I moved out. Doesn't that count as them supporting me financially?

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The value of housing they provide would indeed count toward your support calculation, so that's a fair question. You'd need to calculate the "fair rental value" of your living space plus utilities to determine its value. When determining support, you need to compare the total value of what your parents provide (housing, any food, utilities you don't pay) against the total cost of your own support (what you spend on yourself). If your total earnings and expenses exceed what they provide, then you still provide more than half of your own support. Even with high rental values, with two jobs and paying all your other expenses, you may still provide more than half your total support.

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GalaxyGlider

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After dealing with a similar situation with my parents, I found taxr.ai (https://taxr.ai) really helpful for clarifying dependent status issues. Upload your financial info and get a clear analysis of your specific situation. In my case, I discovered I was definitely NOT a dependent despite living at home, just like you. Saved me from a huge argument with my parents who kept insisting they could claim me because I lived with them.

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Does this actually work though? Like if I upload my financial info, will it tell me definitively if I can be claimed as a dependent or not? Also is it safe? I'm worried about providing financial documents to random sites.

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How exactly does that help with the "fair rental value" calculation? My parents keep saying their house would rent for $2k a month so that's what they're "giving me" every month, which is way more than what I spend on myself.

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GalaxyGlider

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It absolutely works - it analyzes your specific financial situation and applies the IRS tests for dependency status. The system walks you through exactly what qualifies as support and what doesn't according to IRS rules, so you get a clear answer based on tax law. Regarding safety, they use bank-level encryption and don't store your documents after analysis. I was hesitant too but they explain their security measures on the site which made me comfortable. For the fair rental value question, taxr.ai actually helps calculate this properly - it doesn't just accept whatever arbitrary value someone claims. It considers factors like the portion of the home you occupy, local market rates, and shared spaces to determine a reasonable figure that would satisfy IRS scrutiny.

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Just wanted to update - I used taxr.ai like suggested above and it was seriously eye-opening. Turns out even with the fair rental value of my room in my parents' house, I'm still providing over 65% of my own support through my jobs. The tool broke down exactly how the IRS calculates support and showed I'm definitely NOT a dependent. I showed the results to my dad and while he wasn't happy, he couldn't argue with the clear breakdown of IRS rules. Filing my own taxes now with confidence!

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If your dad still insists on claiming you after you've shown him the IRS rules, I'd recommend getting clarification directly from the IRS. I was in a similar dispute with my ex who tried claiming our adult son incorrectly. I tried calling the IRS for weeks with no luck - always on hold forever. Then I found Claimyr (https://claimyr.com) which got me a callback from the IRS within 2 hours! You can see how it works in this video: https://youtu.be/_kiP6q8DX5c. The IRS agent confirmed my ex couldn't claim our son and explained exactly why, which resolved our whole dispute.

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Wait what? How does this actually work? The IRS never calls anyone back. Is this legit or just some scam trying to get money from desperate people?

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Omar Farouk

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Yeah right. I've been trying to get through to the IRS for TWO MONTHS about an incorrect dependent claim. No way this actually works. The IRS is completely unreachable these days - they don't even answer their phones let alone call people back.

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It's definitely legitimate - it works by holding your place in the IRS phone queue for you. Instead of you waiting on hold for hours, their system waits in line and when an IRS agent is about to answer, they connect you through a callback. The service doesn't claim to be affiliated with the IRS - they're a third party service that navigates the IRS phone system for you. I was skeptical too but getting an actual IRS agent on the phone within hours instead of weeks made a huge difference in resolving my situation. For people who need definitive answers directly from the IRS about dependency status or other tax issues, it's honestly worth it. The IRS agent I spoke with cited the exact regulations about who can be claimed as a dependent.

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Omar Farouk

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I need to eat my words. After seeing the comment about Claimyr, I tried it as a last resort for my dependent issue. Got a call back from an actual IRS agent in just under 3 hours. The agent confirmed that my ex-wife couldn't claim our daughter since she didn't live with her for more than half the year - exactly what I'd been trying to prove for months. The agent even explained what documentation I needed to send in with my return to prevent further issues. Saved me so much stress and potentially thousands in incorrect tax filing penalties.

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CosmicCadet

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Just wanted to add that if both you and your parents try to claim you, the IRS will reject the second return filed. Then whoever filed second would need to paper file and the IRS would eventually send letters asking for proof of who correctly claimed you. It can delay refunds by months and potentially trigger audits for both parties.

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Thanks for mentioning this! That's exactly what I'm worried about. If I file first claiming myself, and then my dad tries to claim me later, will his return get rejected then? Or would mine get rejected if he files first?

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CosmicCadet

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Whoever files second will get rejected. So if you file first claiming yourself (which sounds correct based on your situation), and then your dad tries to claim you afterward, his electronic return would be rejected. If he still insists on claiming you after rejection, he would need to file a paper return. Then the IRS would review both returns, likely send letters asking for documentation from both of you, and make a determination. During this review period, any refunds related to the dependent claim would typically be held until resolution.

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Chloe Harris

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One more question - if I wasn't a dependent in 2023 but my dad claimed me anyway, can I file an amended return for myself? I just realized he did this last year and I probably left money on the table.

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Yes, you can file an amended return using Form 1040-X for up to three years from the original filing deadline. If you meet the criteria to claim yourself (which sounds like you do), you should file an amended return to claim your proper filing status and any credits you're entitled to.

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Chloe Harris

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Thanks! I'll do that right away. Any idea how much of a difference this might make? I made about $42k last year.

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AstroAlpha

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The difference could be significant! At $42k income, you likely qualified for the full standard deduction ($13,850 for single filers in 2023) that you missed out on if your dad claimed you as a dependent. You also may have been eligible for the Earned Income Tax Credit depending on your exact situation. The refund difference could easily be $1,500-$3,000 or more. Definitely worth filing that amended return - you have until April 15, 2027 to amend your 2023 return.

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This is such a frustrating situation but you're absolutely in the right here! I went through something very similar with my parents when I was 26. The key thing to remember is that dependency status is determined by IRS rules, not house rules or family dynamics. Based on what you've described - being 28, having two jobs, and paying for all your own expenses except housing - you almost certainly don't qualify as a dependent. Even if we factor in the fair rental value of your housing (which should be calculated based on your portion of the home, not the entire house value), you're likely providing more than half of your own support. I'd suggest documenting all your expenses for the year - every grocery bill, gas receipt, phone payment, etc. This will help you calculate exactly what percentage of your total support you're providing yourself. With two steady jobs, I suspect you'll find you're well over the 50% threshold needed to be considered self-supporting. Don't let family pressure override tax law. File as independent and claim your full refund - you've earned it!

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