What Is A Legal Dependent10 min read
A legal dependent is a person who is either a spouse, child, or parent of the taxpayer. In order to be a dependent, the person must meet certain requirements, including being a U.S. citizen, resident, or national, and being claimed as a dependent on the taxpayer’s federal income tax return.
There are generally three types of dependents:
1. A qualifying child, who is typically a child under age 19 (or age 24 if a full-time student) or a child who is permanently and totally disabled.
2. A qualifying relative, who is typically a relative of the taxpayer who meets certain dependency tests, such as being a U.S. citizen, resident, or national, and who has lived with the taxpayer for the entire year.
3. A child of divorced or separated parents, who is treated as a qualifying child of the parent with whom the child lived for the greater number of nights during the year.
In order to be claimed as a dependent, a person must meet two tests: the dependency test and the gross income test. The dependency test is met if the person is a qualifying child or qualifying relative. The gross income test is met if the person’s total gross income for the year is less than the exemption amount, which is $4,050 for tax year 2019.
There are a number of tax benefits available to taxpayers who claim dependents, including the child tax credit, the dependent care credit, and the earned income credit. For more information, see the IRS publication “Tax Benefits for Children and Dependents.”
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Who qualifies as a legal dependent?
A legal dependent is a person who qualifies for certain benefits through their relationship to another person. The determination of who is a legal dependent can be complex, and depends on a variety of factors. Generally, a legal dependent is either a child or a spouse.
Children are typically considered legal dependents, and may be eligible for benefits such as health insurance and dependent care assistance. In order to qualify as a child’s legal dependent, the child must meet certain criteria. They must be a biological, adopted, or stepchild of the covered individual, and must be under the age of 19 (or under the age of 24 if they are a full-time student). They must also reside with the covered individual, unless they are incapacitated or have another qualifying reason for not living with their parents.
Spouses are also typically considered legal dependents. A spouse may be eligible for benefits such as health insurance, retirement benefits, and death benefits. To qualify as a spouse’s legal dependent, the spouse must be married to the covered individual, and must reside with the covered individual.
There are a few exceptions to the general rule that children and spouses are considered legal dependents. For example, a child who is over the age of 19 may still be considered a dependent if they are financially dependent on their parents. Additionally, a spouse who is not a U.S. citizen or permanent resident may not be considered a legal dependent.
The determination of who is a legal dependent can be complicated, and depends on a variety of factors. If you are unsure whether someone is your legal dependent, you should speak to a lawyer.
Are my parents legal dependents?
There is no one-size-fits-all answer to the question of whether or not someone’s parents are their legal dependents. The determination of dependency status is made on a case-by-case basis, taking into account a variety of factors.
Some factors that may be considered include the nature and extent of the parent-child relationship, the financial resources of the parent, and the financial resources of the child. The age and health of the parent and child may also be taken into account.
Generally, parents are considered to be legal dependents of their children if they are financially dependent on their children or if they are unable to provide for their own basic needs due to age, illness, or disability.
If you are not sure whether your parents are your legal dependents, you should speak to an attorney. The attorney can help you determine your dependency status and can advise you on the best way to proceed with your case.
Can I claim an adult as a dependent?
Can I claim an adult as a dependent?
Yes, you can claim an adult as a dependent if the adult meets the dependency requirements. To be a dependent, an adult must meet four tests:
1. Relationship test: The adult must be your relative or live in your household.
2. Residence test: The adult must live with you for more than half the year.
3. Support test: The adult must not have provided more than half of his or her own support for the year.
4. Member of household test: The adult must be a member of your household for the entire year.
If the adult meets all four tests, you can claim him or her as a dependent on your tax return. You can also claim the adult’s exemption and any credits or deductions that are available to you.
What is a legal dependent child?
A legal dependent child is a child who is either a U.S. citizen or a lawful permanent resident of the United States. A child can be a legal dependent of their parents in a number of ways, including being born to U.S. citizen parents, being adopted by U.S. citizen parents, or having a U.S. citizen parent who files an immigration petition on their behalf.
A lawful permanent resident is a foreign national who has been granted the right to permanently reside in the United States. Lawful permanent residents are eligible to apply for U.S. citizenship after five years of continuous residence in the United States.
There are a number of ways that a child can become a U.S. citizen. A child can be born a U.S. citizen if their parents are U.S. citizens. A child can also become a U.S. citizen if they are adopted by U.S. citizens, or if a U.S. citizen parent files an immigration petition on their behalf.
If you are a U.S. citizen or lawful permanent resident and you want to sponsor your child for immigration to the United States, you will need to file an immigration petition on their behalf. The most common immigration petition for children is the Form I-130, Petition for Alien Relative.
If you are a U.S. citizen and your child is living overseas, you may also need to file a Form I-600, Petition to Classify Orphan as an Immediate Relative. This form is used to petition for orphaned children who do not have a U.S. citizen parent.
If you are a lawful permanent resident and your child is living overseas, you may need to file a Form I-130A, Petition for Alien Relative – Children of Permanent Residents. This form is used to petition for children who have a permanent resident parent.
If you are a U.S. citizen and your child is over the age of 21, they may not be able to automatically become a U.S. citizen. In this case, they may need to apply for U.S. citizenship through the naturalization process.
If you have any questions about how to sponsor your child for immigration to the United States, you can contact the U.S. Citizenship and Immigration Services (USCIS) at 1-800-375-5283.
Can I claim my boyfriend as a dependent?
No one can answer this question definitively without knowing all of the specific facts involved, but there are a few things to consider when trying to determine if you can claim your boyfriend as a dependent.
For one, you must be able to provide more than half of your boyfriend’s support in order to claim him as a dependent. Additionally, he must meet the IRS definition of a dependent, which includes being a U.S. citizen, a U.S. national, or a resident of the U.S., Canada, or Mexico.
Finally, you must file a joint tax return with your boyfriend in order to claim him as a dependent. If you are not married to your boyfriend, you cannot claim him as a dependent.
How do you prove someone is a dependent?
One of the most important aspects of tax law is determining who is a dependent and who is not. The IRS has a number of specific tests to determine dependency, which are outlined in Publication 501, Exemptions, Standard Deduction, and Filing Information.
Generally, a dependent is a person who meets one of the following criteria:
– The person is claimed as a dependent on someone else’s tax return
– The person received more than half of their support from someone else during the tax year
– The person is a qualifying child or a qualifying relative
To claim a dependent on your tax return, you must provide the name and Social Security number of the dependent. You must also provide proof of dependency, which can be done in a number of ways.
One way to prove dependency is to provide a Form 8332, Release/Revocation of Release of Claim to Exemption for Child by Custodial Parent. This form is signed by the custodial parent and releases the exemption for the dependent child to the non-custodial parent.
Another way to prove dependency is to provide a letter from the other person who provided more than half of the dependent’s support. The letter must state the amount of support provided and the dates of support.
If the dependent is a qualifying child, you can also provide their birth certificate, Social Security card, and tax return from the previous year. If the dependent is a qualifying relative, you can provide their birth certificate, Social Security card, and documentation of their relationship to you.
It is important to note that the IRS may request additional documentation to verify dependency. So if you are claiming a dependent, be sure to have all of the appropriate documentation ready.
Can I claim my mom as a dependent?
The short answer to this question is yes, you can claim your mom as a dependent on your tax return. However, there are a few things you need to know in order to do so.
In order to claim your mom as a dependent, she must meet the following criteria:
1. She must be a U.S. citizen or a U.S. resident alien.
2. She must have lived with you for at least six months during the year.
3. She must have provided more than half of her own support for the year.
4. She must not have filed a joint return with another taxpayer for the year.
If your mom meets all of these criteria, you can claim her as a dependent on your tax return. You can either claim her as a dependent on your own return, or you can claim her as a dependent on your spouse’s return, if your spouse is also claiming her as a dependent.
There are a few tax benefits that are available to taxpayers who claim a dependent on their return. For example, you may be able to claim a tax deduction for the amount you paid in support of your mom. In addition, you may be able to claim the child tax credit or the dependent care credit if you paid for child care expenses in order to allow you to work or go to school.
It is important to note that there are some restrictions on the amount of income that your mom can earn in order to be considered a dependent. For 2016, your mom can earn up to $4,050 in gross income and still be considered a dependent. If she earns more than that, she will no longer be considered a dependent, and you will not be able to claim her on your return.
So, if you are wondering whether you can claim your mom as a dependent on your tax return, the answer is yes, as long as she meets the criteria listed above. There are a number of tax benefits available to taxpayers who claim a dependent, so it is worth taking the time to see if you qualify.
