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Can I file as an independent?

Parents won't claim me as a dependent when they file their tax return. Does that mean I can claim independent?

  • Here's my situation. I'm a 21 year old college senior. For the past two years, I've paid all my tuition and any other related school expenses. The reason I do that is because I don't qualify for financial aid because I work and make, according to FAFSA, too much money. Last year, I filed as independent and asked my parents not to claim me, which they agreed to. Subsequently, my return boosted by over $1000. This helped me tremendously because, since I pay my own tuition, I was able to use that money to go towards school expenses. I was thinking about doing the same thing this year, but I was basically wondering if the IRS has a problem with doing this. My parents have the right to not claim me, right? And if they do that, do I have the right to claim myself as an independent? The only information I can find online pertains to whether people can be claimed as dependents by their parents, and not whether they can claim independent if their parents do not claim them. btw, I am not concerned with dealing with FAFSA. I am only interested in knowing if I can do this for tax purposes.

  • Answer:

    If you CAN be claimed as a dependent then you lose your personal exemption even if you are not claimed as a dependent. You have not provided enough information to determine if you can be claimed as a dependent or not. And yes, the IRS has a problem with it if you can be claimed as a dependent but claim your personal exemption anyway. The fact that your parents failed to claim you is irrelevant in the eyes of the law. Your parents could change their minds at any time within 3 years of the filing deadline, file an amended return and claim you, and if they won the exemption YOU would be stuck with the taxes owed, plus penalties and interest from the due date of the return. See IRS Pub 501, in particular the support worksheet on page 20. Here's a link: http://www.irs.gov/pub/irs-pdf/p501.pdf

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No. You can claim yourself as independent only if your parents CANNOT claim you. If they can claim you but CHOOSE not to do so, then you cannot claim yourself. Although they do have the right not to claim you, their decision not to claim you provides no benefit to you or anyone else. Your taxes are affected only by whether they CAN claim you, not by whether they do claim you.

You parents do not have to claim you and legally they should not since the do not provide more then 50% of your support. You file a return as Single.

there is a check box on your tax return asking if you are claimed as dependent by someone else. just answer that question correctly. that is all you need to do.

if your parents chose to not claim you that is there prerogative, they are not forced to claim you since you have already filed once as not a dependent of your parents, there should not be a problem(except with your parents)

Independent isn't a tax filing status. The only thing that will upset the IRS is if the deduction for the same person is taken on two separate returns,

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