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Can I file as an independent?

If my mother doesn't claim me on her taxes even though i live with her can i still file as an independent?

  • I'm 18 and if I file as a dependent I will owe taxes. If I file as an independent I'll get a refund. I really can't afford to pay the $250 they want (federal and state combined). Is that considered fraud? My mom wasn't planning on claiming me since I pay for my phone, school, car insurance, clothes and anything I need for school. She only provides housing and some meals for me. I even pay to do my own laundry. I honestly don't ask her for money. Thanks in advance.

  • Answer:

    If you *could* be claimed as a dependent, you lose your personal exemption even if you are not claimed. If you do, your mother can change her mind at any time up until April 15, 2014 and you'd have to pay back whatever tax benefit you had illegally claimed, plus penalties and interest from April 15, 2011 until paid in full. It's HIGHLY unlikely that you provided more than half of your own support. You are worth FAR more to your mother's tax return then you are to your own. You have until April 18, 2011 to file and pay without penalty. That's PLENTY of time to save up $250 given that you're earning over $8,000 per year.

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Legally if she CAN claim you, you aren't allowed to claim yourself. And possibly you don't realize how much that housing that she "only" provides is worth.

If you qualify as her dependent then you cannot just claim yourself. Look at a 1040 form: it says check the box if someone else CAN claim you. It doesn't ask whether or not they actually DO claim you. If you provided more than half of your own support then you are not her dependent. If you did not provide more than half of your own support, then you are her "qualifying child" dependent. The value of housing is part of support so if you lived in her home rent-free all year then its almost impossible to make the case that you provided over half of your own support unless you're paying TONS of money in college tuition out of your own pocket or through loans in your own name only.

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yes you can

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