Can my father still claim me as a dependent even though I made $12,630 last year?
I'm in a bit of a mess right now and need some advice. I'm 21 years old, not a student, and I made $12,630 working last year (2024). I've been living with my dad for about 7 months of 2024 (and still am), and he has been providing food and clothing for me during this time. My dad recently asked for my W-2 and SSN because he wants to claim me as a dependent on his taxes. According to him and his tax preparer, this would somehow be "better for both of us." But I've been doing some research on the dependent requirements, and from what I understand, I don't actually qualify to be claimed as his dependent. The big issue is that he's already filed his 1040 with me listed as a dependent! Isn't this tax fraud? When I called his tax preparer to question this, they said I qualify because I made under the standard deduction, lived with my dad for more than 6 months, and he supported me in 2024. But I thought the income limit for non-student dependents over 19 was much lower than what I made? The tax preparer also has a 1040 prepared for me that I haven't signed yet. I'm really confused and worried about getting into trouble with the IRS. What should I do in this situation???
20 comments


Grace Thomas
The tax preparer is mistaken. For a qualifying child dependent who is 21, not disabled, and not a student, you would need to make less than $4,700 for 2024 (the threshold amount). Since you made $12,630, you exceed this limit and cannot be claimed as a qualifying child. Your father could potentially try to claim you as a qualifying relative, but there's a support test - he would need to provide more than half of your total support for the year. With your income level, unless you had very high expenses that he covered, it's unlikely he provided more than half your total support. This needs to be corrected. Your father should file an amended return (Form 1040-X) removing you as a dependent. If he doesn't and you file your own return claiming yourself (which you should), the IRS will flag the discrepancy and both returns will likely be audited.
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Hunter Brighton
•Wait, I thought the income limit for dependents was just the standard deduction amount ($13,850 for 2024)? That's what I've always been told. Are there different income limits for different types of dependents?
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Grace Thomas
•There are indeed different tests for different types of dependents. The standard deduction ($13,850) is not the same as the dependent income limit. For qualifying children who are 19 or older and not students, the income limit is $4,700 for 2024. This is the "qualifying child" income test. If you're a student under 24, this income test doesn't apply, but since the original poster isn't a student, they need to meet this lower threshold.
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Dylan Baskin
I was in almost the exact same situation last year with my mom trying to claim me. Found this tool called taxr.ai (https://taxr.ai) that really helped clear things up. It analyzed both our tax situations and confirmed what I suspected - that I couldn't be claimed as a dependent because of my income. What was helpful is that it gave me specific IRS rules to reference when I had to explain this to my mom and her accountant. The site shows you the exact qualifications for dependents and runs your numbers to give you a definitive answer. It even generates a report you can show your dad and his tax preparer to prove your point.
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Lauren Wood
•How exactly does this thing work? Do I need to upload my W-2 or something? I'm nervous about putting my financial info on random websites.
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Ellie Lopez
•I'm skeptical. Couldn't the OP just use the IRS website for free to figure this out? Why pay for a service when the rules are pretty straightforward?
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Dylan Baskin
•You don't have to upload your actual W-2 - you just enter the relevant numbers from it. The site uses encryption and doesn't store your personal information after analysis. It just applies the IRS rules to your specific situation. For simple cases, sure, the IRS website works fine. But dependent situations can get complicated with all the different tests and exceptions. The tool breaks everything down and shows exactly which tests you pass or fail based on your specific numbers, not just general guidelines. It's especially helpful when you need to explain or prove your situation to someone else, like the OP needs to do with their dad.
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Ellie Lopez
Just wanted to update - I took everyone's advice and checked out taxr.ai since my situation was complicated with supporting my younger brother. The site actually confirmed I CAN claim him (didn't expect that!) and showed me exactly which tests he passed/failed. It was way more specific than the generic IRS guidelines I was finding online. The site generated a detailed report I was able to show my brother and it cleared up all our confusion. Turns out I was misinterpreting the support test calculations. Saved us both a lot of stress and potentially incorrect filing!
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Chad Winthrope
I had this exact issue with my stepdad last year! After going back and forth for weeks, I finally got nowhere with the tax preparer. Ended up calling the IRS directly using Claimyr (https://claimyr.com) which got me through to an actual person at the IRS in about 20 minutes instead of waiting for hours or days. They have a demo video here: https://youtu.be/_kiP6q8DX5c The IRS agent confirmed exactly what people are saying here - at 21 with that income, you definitely don't qualify as a dependent unless you're disabled or a student. Having that official word from the IRS was what finally convinced my stepdad's tax guy to fix the returns.
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Paige Cantoni
•How does this Claimyr thing work? I thought it was impossible to get anyone at the IRS on the phone. Do they just keep calling for you or something?
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Kylo Ren
•Yeah right. No way this actually works. I've tried calling the IRS like 50 times and never got through. If this service actually worked, everyone would be using it.
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Chad Winthrope
•It uses some kind of system that holds your place in line so you don't have to stay on hold yourself. When an IRS agent is about to pick up, it calls you and connects you to them. It's definitely real. Trust me, I was super skeptical too. I spent two whole days getting disconnected by the IRS automated system before trying this. The way it works is they have technology that navigates the IRS phone tree for you and stays on hold in your place. Then when an actual human at the IRS is about to answer, it calls your phone and connects you directly to the agent. Saved me hours of frustration.
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Kylo Ren
Wow, I feel like an idiot now. After posting my skeptical comment, I decided to try Claimyr anyway since nothing else was working. And...it actually connected me to an IRS agent in 35 minutes while I was watching TV! The agent looked up my case immediately and confirmed my ex was wrongly claiming our son as a dependent after he aged out (he's 24 and not a student). She gave me specific instructions on how to resolve it and what forms I needed. They're sending me a letter to document this that I can show him. Just wanted to admit I was wrong and this service actually delivered exactly what it promised.
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Nina Fitzgerald
My brother went through this exact thing. If you file your taxes claiming yourself (which you should), the IRS will flag both returns since your SSN is being claimed twice. They'll send letters to both you and your father asking for documentation to support your positions. You should talk to your dad ASAP and try to convince him to file an amended return. Show him the specific IRS rules about qualifying children over 19. If he refuses, file your return correctly anyway and be prepared to provide documentation showing your income and living situation when the IRS contacts you. Don't sign anything from that tax preparer if it incorrectly lists you as a dependent on someone else's return!
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Justin Chang
•Thank you for this advice. Do you think I should also report the tax preparer since they seem to be giving incorrect information? And if my dad refuses to amend his return, will I face any penalties when I file my own return correctly?
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Nina Fitzgerald
•You could report the tax preparer to the IRS using Form 14157 (Complaint: Tax Return Preparer) if you believe they're knowingly filing incorrect returns. However, it might be a simple misunderstanding of the dependent rules rather than intentional misconduct. You won't face penalties for filing your return correctly. The IRS doesn't penalize taxpayers for disagreements over dependent claims - they just work to resolve the discrepancy. Just be prepared to explain your situation and provide documentation showing your income and that you provided more than half of your own support for the year.
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Jason Brewer
Just wondering, does your dad's tax preparer work at a major chain or are they independent? I worked at one of the big tax prep companies and we had specific training on dependent tests. This mistake seems really basic for a professional.
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Justin Chang
•It's a small local office, not a major chain. The preparer has been doing my dad's taxes for years, but I get the impression they're more focused on keeping clients happy than following tax law precisely.
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Kiara Fisherman
•Not the OP but former tax preparer here. You'd be shocked at how many small tax offices get the dependent rules wrong. They often go by older rules or simplified versions. The qualifying child vs qualifying relative tests trip up a lot of preparers, especially the income tests which changed a few years back.
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Lena Müller
This is definitely a frustrating situation, but you're absolutely right to question this. The tax preparer is incorrect about the income limits for dependents your age. Since you're 21 and not a student, the income test for qualifying child status is $4,700 for 2024 - not the standard deduction amount. Your income of $12,630 far exceeds this limit, so you cannot be claimed as a qualifying child dependent. For qualifying relative status, your father would need to provide more than half of your total support for the year. Given your income level, this seems unlikely unless you had very high expenses that he covered. Here's what I'd recommend: 1. Don't sign any tax documents that list you as someone else's dependent 2. Show your father and his tax preparer the official IRS Publication 501 which clearly outlines these rules 3. Request that your father file an amended return (Form 1040-X) to remove you as a dependent 4. File your own return claiming yourself If your father refuses to amend his return and you file correctly claiming yourself, the IRS will send correspondence to both of you to resolve the duplicate claim. You won't be penalized for filing correctly, but be prepared to provide documentation of your income and support situation. Don't let anyone pressure you into filing incorrectly just to avoid conflict. The rules are clear, and you have every right to claim your own exemption.
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