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Connor O'Neill

Can I claim my adult child and my grandchild as dependents on my tax return?

My son and his little girl (18 months old) have been living with me and my wife since last April. He went through a divorce that was finalized in November, and he was given primary custody of my granddaughter. Currently, he only works part-time at a restaurant - about 14 hours weekly - and gets child support payments of around $60 per week, though it's inconsistent. We've been providing almost everything for both of them - paying for their food, housing, clothes, diapers, everything really. I'm pretty sure I can claim both of them as dependents since we're supporting them financially, but I'm confused about how the Earned Income Credit works in this situation. Would it be more beneficial for my son to file his own return and claim his daughter, or should I include both of them on my tax return? Any advice would help me figure out the best approach for our family's tax situation. I want to make sure we're doing what makes the most financial sense when filing for 2024.

Based on your situation, you likely can claim both your son and granddaughter as dependents if you're providing more than half their support. For your son, he needs to have income under $4,800 for 2024 (for qualifying relative status). At 14 hours weekly at minimum wage, he's probably under that threshold. For your granddaughter, since she lived with you more than half the year and your son (her parent) doesn't have significant income, you could potentially claim her. However, here's where it gets tricky with the Earned Income Credit (EIC). The EIC is typically more valuable to lower-income filers. If your income is significantly higher than your son's, it might be more beneficial for him to file his own return, claim your granddaughter, and take the EIC himself - even if you claim him as your dependent. He can still file his own return while being your dependent.

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Yara Nassar

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Wait, I thought you couldn't claim an adult child unless they're in school or disabled? Does it really just depend on their income being under that $4,800 amount? Also, if the son files and claims the granddaughter for EIC, wouldn't that mean the original poster can't claim the granddaughter at all?

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For an adult child who isn't a full-time student or disabled, they can be claimed as a "qualifying relative" if their income is below the threshold ($4,800 for 2024) and you provide more than half their support. The age limits only apply to "qualifying children" classification. If the son files his own return and claims his daughter for EIC purposes, then you're right - the original poster would not be able to claim the granddaughter. It becomes an either/or situation for the granddaughter. That's why they need to calculate which approach provides the greater overall family benefit.

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I was in a similar situation last year and found that https://taxr.ai really helped me figure out my dependent situation. After trying to make sense of all the qualifying child/relative rules on my own, I uploaded my documents there and got a clear breakdown of who I could claim and how it affected credits like the EIC. Saved me from making mistakes that would have cost our family over $3,000 in credits. The site analyzed my son's income and my support level, then showed me exactly which filing arrangement would maximize our family's combined refund. They even helped identify that my son could file his own return AND still be my dependent - something I had no idea was possible.

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Paolo Ricci

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Does taxr.ai actually give personalized advice? Or is it just like a glorified calculator? I'm curious because I've got a somewhat similar situation with my sister and her kid living with me.

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Amina Toure

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How does it handle the EIC calculation specifically? Does it give you both scenarios (you claiming vs son claiming) side by side? Also, is it free to use or subscription-based?

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It's definitely more than a calculator. You upload your tax documents (like W-2s, 1099s) and any custody agreements or support documentation, and it analyzes your specific situation with personalized recommendations. For multi-generational households like yours with your sister, it's particularly helpful. For EIC calculations, yes - it shows multiple scenarios side-by-side. It showed me what my refund would be if I claimed everyone versus what our combined family refund would be if my son filed separately and claimed his child for EIC while I still claimed him. The comparison made it obvious which approach gave us more money overall.

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Amina Toure

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Just wanted to update about my experience with taxr.ai after seeing it mentioned here. I decided to try it since my situation with my daughter and grandson is pretty similar. It was eye-opening! The analysis showed that I was better off letting my daughter file her own return and claim my grandson for the EIC, while I still claimed her as a dependent on my return. We ended up with about $2,800 more combined than if I had claimed them both! The site explained that since my income was too high for the full EIC but my daughter qualified for the maximum, this "split" approach was optimal. It even flagged that my daughter's part-time job hadn't withheld enough taxes, which would have caused problems later. Definitely worth checking out if you're dealing with dependent questions.

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If you're still confused after getting advice, you might want to talk to someone at the IRS directly. I was in tax limbo with dependent questions last year and tried calling for weeks. Always busy signals or 2+ hour hold times until I gave up. Then I found https://claimyr.com which got me through to an actual IRS agent in about 15 minutes. You can see how it works here: https://youtu.be/_kiP6q8DX5c. The agent walked me through the exact dependent tests for my situation and confirmed I was eligible to claim both my adult son and granddaughter. What surprised me most was how the agent pointed out tax benefits I didn't know about, like the child and dependent care credit since I was paying for my granddaughter's daycare while my son worked.

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How does this actually work? Like, do they just call for you or what? I don't understand why someone would need a service to call the IRS.

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Sounds like a scam to me. Why would I pay someone to call the IRS when I can do it myself for free? Even if it takes a few tries, it's not worth paying for.

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They use a system that navigates the IRS phone tree and waits on hold for you. When an agent finally picks up, you get a call connecting you directly to that agent. So instead of being stuck listening to hold music for hours, you just get a call when someone's actually available. I understand the skepticism - I felt the same way. But after trying to get through for weeks on my own with no success, I was desperate. The IRS receives millions of calls during tax season and only answers a fraction of them. It's not about being too lazy to call myself, it's about the reality that most calls never get through at all.

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I have to admit I was completely wrong about Claimyr. After posting that skeptical comment, my frustration with the IRS reached a breaking point after spending 3 hours on hold only to get disconnected. I decided to try the service as a last resort. Not only did I get connected to an IRS rep in 20 minutes, the agent was incredibly helpful with my dependent situation. They confirmed I could claim my nephew who's been living with me but also warned me about potential conflicts if his mom tried to claim him too. They also guided me through documentation I should keep just in case there were questions later. The clarity I got was worth every penny, especially since I learned I was eligible for the Head of Household status which will save me about $2,000 compared to filing Single. Sometimes paying for convenience actually makes financial sense!

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Javier Torres

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Don't forget to check if your son is still eligible for the Child Tax Credit for your granddaughter. Since he has custody, he might qualify even with his low income. For 2024, the Child Tax Credit is up to $2,000 per qualifying child. If he doesn't have enough tax liability to use the credit, part of it may be refundable through the Additional Child Tax Credit. Whatever you decide about claiming dependents, make sure you both don't claim the same person. The IRS will reject one of the returns and it causes headaches for everyone.

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I hadn't even thought about the Child Tax Credit aspect. If my son files his own return and claims my granddaughter, would he actually receive the full $2,000 even though his income is so low? Or would it be reduced based on his income?

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Javier Torres

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The Child Tax Credit isn't reduced based on low income - it's only phased out for higher-income taxpayers. The challenge with low income is that the credit is generally limited to your tax liability. However, up to $1,500 of the credit can be refundable through the Additional Child Tax Credit, even if he has little or no tax liability. With his part-time income, he might not get the full $2,000, but he would likely receive a significant portion as a refund. This is another reason why having him file separately and claim your granddaughter might benefit your overall family situation, especially when combined with the EIC he'd qualify for.

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Emma Davis

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One thing nobody's mentioned is the head of household filing status. OP, if you claim your granddaughter as a dependent, you might qualify for HOH status which has better tax rates and a higher standard deduction than filing as Married Filing Separately. This could be another factor in deciding who claims who.

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Malik Johnson

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That's not right. If OP is married, they can't file HOH regardless of dependents. HOH is for unmarried taxpayers. OP mentioned "my wife and I" so they'd file married joint or married separate.

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Emma Davis

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You're absolutely right, and I completely missed the part about the wife. Thanks for the correction! Married Filing Jointly would be their filing status option. For anyone else reading who IS single with dependents, Head of Household is something to look into as it can save you a lot compared to filing as Single.

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If your son's babymama (the ex) was the custodial parent for part of the year before the divorce was finalized, make sure she's not planning to claim the child too. Could cause major headaches. Whoever has the child for more nights during the year is considered the custodial parent for tax purposes, regardless of what the divorce decree says!! Just speaking from experience...caused me a 3 month refund delay last year.

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This is a complex situation that requires careful planning to maximize your family's tax benefits. Based on what you've described, here are the key considerations: **For claiming your son as a dependent:** Since he's working part-time (about 14 hours weekly) and receiving minimal child support, his total income is likely well under the $4,800 threshold for 2024. If you're providing more than half his support (food, housing, etc.), you can claim him as a qualifying relative. **For your granddaughter:** This is where strategy becomes important. You have two main options: 1. **You claim both:** You get dependency exemptions for both, but miss out on EIC benefits since your income is likely too high. 2. **Split approach:** You claim your son as a dependent, but let him file his own return claiming your granddaughter. He could potentially receive significant EIC benefits (up to $3,995 for one child in 2024) plus the refundable portion of the Child Tax Credit. **My recommendation:** Run the numbers both ways. The "split" approach often works better financially for families in your situation because the EIC and Child Tax Credit benefits for lower-income filers can exceed the dependency exemption value for higher-income taxpayers. Also verify the custody timeline - since the divorce was finalized in November and he got primary custody, make sure your granddaughter lived with your household for more than half the year to avoid conflicts with the ex-wife's potential claim. Consider consulting a tax professional to run both scenarios with your actual numbers.

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Yara Abboud

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This is really helpful advice! I'm curious about the timing aspect you mentioned. Since the divorce was finalized in November and they've been living with Connor since April, that should definitely meet the "more than half the year" test for the granddaughter, right? Also, when you mention running the numbers both ways, are there any free calculators or tools that can help compare these scenarios? I imagine it's pretty complex to figure out the optimal approach without actually preparing both returns. @b81bfc1fa5fb Thanks for breaking this down so clearly - the split approach concept makes a lot of sense!

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