霞女
楼主 (文学城)

A: may be claimed as a dependent

B: be claimed as a dependent

还不是一回事吧?从数学上讲,B是A的子集。从税法上讲,是不是也这样?

“即使没有被人claimed as dependent,  may be claimed as a dependent也是truth” 这个理解对不对?

柠檬椰子汁
please provide context

I don't want to be wrong.

Legal text are first understood as their plain meaning.  In your case probably the plain meaning of "may" is the option 2 below. 

May
verb

modal verb: may 1. expressing possibility. "that may be true" used when admitting that something is so before making another, more important point. "they may have been old-fashioned but they were excellent teachers" 2. expressing permission. "may I ask a few questions?"   3. expressing a wish or hope. "may she rest in peace"  
霞女


如果大学生独立报税,“ Can be claimed as a dependent ”选择怎么选决定许多benefits.

1040家庭住址之后,有这个checkbox:

Someone can claim: You as a dependent

柠檬椰子汁
只要你们提供他/她一半以上经济资助,他就can be claimed

他can be claimed as dependent是一个客观事实,因为你们资助了他。所以他一定要填yes

至于你们父母到底claim 他与否,是你们的事情。

even dependent can file separate return mainly to get a lower tax rate than file together with patent

高筋粉
可以claim, 但不claim行不行呢?孩子不满足50%自足,可以file independent 吗?真的很晕
柠檬椰子汁
Dependent Child Tax filing

1. The main reason to claim a working child as dependent is for single parents to claim head of household status and pay a lower tax rate than single tax payer. 

However, if the parents are filing as married filing jointly, there is little reason to file working adult child as dependent, espectially when Trump tax cut took away personal/dependent exemption.  But it doesn't hurt things when you claim your child as dependent so you should always include them in your tax return.  

2. Here is how dependent child tax filing works: following two things can happen AT THE SAME TIME

(1) a child earning money can be claimed as your dependent on your tax return

(2) that child can file his/her own separate tax return. 

Let's say the child made $20,000 during summer job.  and the rest of year you paid for her school/living exceeding $20,000, she CAN BE CLAIMED as your dependent.  

Now the child has a choice of filing his own separate tax return, or filing his tax with her parents in parent's tax return.   Usually the child should file his own separate tax return because 20,000 is taxed at a lower tax rate at her own tax return, than combined with her parent's income and taxed at a higher tax rate. 

 

高筋粉
谢柠檬大侠!
霞女


可是从2020 1040 instruction看,是不是gross income多于4300,就不是dependent?Is Your Qualifying Relative Your Dependent?

必须满足的条件之一:

Who had gross income of less than $4,300 in 2020.

我的理解,反过来,多于4300就不是dependent。

霞女


高筋粉
你这跟柠檬大侠说的是两回事。他说的是defendant, 你这是child tax credit
霞女


搞不明白如果总收入多于4300,但没有自供50%以上花销,能不能不check 1040 表的如下问题?

Someone can claim: You as a dependent

霞女
这是判断是不是dependent的 step 4
霞女
1040 line 19: Child tax credit or credit for other dependents

如果是dependent 但不是qualified child,每人有500 credit。

柠檬椰子汁
Step 1 vs. Step 4

Step 1 is qualified child, who is under 19 or student under 24.  Step 1 is for "children under certain age". 

Step 1 has no income limits.  Your child under 19 (or student under 24) can earn million dollar as movie star and he/she could still be your depedent. 

Step 4 is for qualified relative, without age requirement, so step 4 is for "adult children" as qualified relative, but not qualified child. 

Step 4 has income limits.  Which means your adult children cannot be your dependent if they earn more than $4300. 

Hope this helps. 

柠檬椰子汁
Pay attention to word you use.

There is no such term called "filing independently".

Your child can be your dependent filing separately. 

It is up to you to claim him as your dependent.  Like I said, under Trump tax cut it doesn't help but it doesn't hurt.  Your tax bill won't change much but I cannot tell you for sure what other things you might miss if you don't claim him as dependent. 

But he should file separately to get lower tax rate.  Because if he file jointly with you he takes on your marginal tax rate (the highest tax bracket you pay). 

Pay attention to word IRS uses.  What you say affects how you think. 

高筋粉
柠檬大侠的意思,好像是不能,因为这个”if someone can claim you”是fact, 不是选择
柠檬椰子汁
see my answer above, step 1 vs. step 4.
N
NLandlord
S
霞女


如果是可以作为dependent的大学生,自己报税:父母没有claim他/她 as dependent时,自己报税(as single)要不要check

Someone can claim: You as a dependent

柠檬椰子汁
Of course he should check.

Because not all child knows for sure how their parents claim him as dependent.  Stop thinking just your special case, think about IRS dealing with all kind of families, conventional or divorced or whatever.  The trick is to follow the instruction and don't think too much.  IRS has its own reasons, usually pretty damn good reasons to ask you to check a box. 

Again, if your child is a student under age of 24, there is no income < 4300 requirement.  

高筋粉
哎,我很晕 LOL
霞女
:

If checked,lots of benefits lost: i.e. Hope credit becomes non refundable .

所以税法挺严谨的。

高筋粉
前一次就是这样,所以这次也还是这样吧?
霞女


明白了。所以没有loop hole。这个要check,不管有没有人claim

柠檬椰子汁
That might be cheating.

First, the third round of stimulus under Biden finallly do away with dependent check.  So that's good news for your child.

https://www.cnbc.com/2021/03/10/adult-dependents-eligible-for-stimulus-payments.html

However, I can see a reason why first and second round of stimulus skip the dependents of family with income above certain threshold.  It could sound unfair for a child of an affluent family to get a stimulus check, if that affluent family is paying everything for this child's school and living expense.   On the other hand, if that affluent family says to the kid, you are on your own, take out a student loan and sink or float by yourself, then that child can legitimately claim him NOT a dependent of another person and get that stimulus check. 

As for your child, it is up to him to fill out his tax return.  I am just share what I think is ethical and legal.  I hope you explain to him not just the dollar and cents, but also the big schemes of things and how lucky your family is during the pandemic, both financially and physically.  

and thank you for letting me know about this issue.  I would not have knew about this. 

 

霞女
多谢柠檬
高筋粉
是啊,所以孩子委托我来研究这是不是合法,不合法当然不能干了。这个第三轮,

从您给的这个link 看,大学生dependent 还是跟父母收入挂钩的,如果父母拿不到,孩子还是拿不到的。比前两轮有改进,前两轮时,即使父母拿得到,但大学生孩子是没有的。

柠檬椰子汁
Should he get the benefit?

Hope credit is surely meant for people who has lower income than your family.  

Let's say your child goes to school, you can afford to pay his tuition and board but you decide not to.  Is your child in the same financial situation as a child from a dirt-poor family? 

I think not, becuase you can always change your mind and decides to bail your child out, either because of pandenmic or other reasons.  Your child even when he's paying his own way, knows he has a safety net back home.  That secure feeling makes all the difference. 

Now think you ARE paying your child's financial support, and he still want to claim he "cannot" be claimed as dependent and get that HOPE credit meant for someone who is poorer? 

I'll let you decide. 

柠檬椰子汁
First / Second no money for dependent adults,

This round (third) has money for dependent adults, but the taxpayers (parents) has to meet the income requirement. 

And the third round has more stringent income requirement than first two rounds, thanks to Joe Machin of West Virginia. 

So it is unlikely your college student child would see anything if you don't qualify for third round. 

柠檬椰子汁
And third round has lower income threshold than first two.
高筋粉
loophole 是留给富豪的,普通工薪是没有的
高筋粉
第三轮还是跟父母收入挂钩,所以可以告诉孩子别惦着这钱了,哈哈哈
霞女


所以只有一种填法合法。:)

N
NLandlord
父母拿不到,成年的dependent 没有,那未成年的dependents能拿吗?
柠檬椰子汁
不是穷人家小孩为什么要拿?

有些时候要想一下立法者的意图,而不是仅仅看逻辑语法

高筋粉
父母拿不到,小孩就拿不到
霞女
税法还是挺严谨的。谢谢柠檬。