I have briefly read the IRS rules governing what constitutes a dependant child and I am unclear on the age thing. My son is 19 but has not worked at all, he does not draw unemployment so I am his sole support. He is not a full time student either. Can I claim him on my tax return as a dependant even though he is 19?
Family Law Attorney
If you meet all the requirements to claim your son as a dependent, you can claim him as a dependent regardless of how old he is. He could be 50 year old, but if you met all the requirements, you could still claim him as a dependent.
The 3rd chapter of Publication 17 has the general rules on who can be claimed as a dependent. P17 is free at www.irs.gov .
The full-time student requirement is an exception for the earning requirement of the dependent. In general, a person earning at or above a certain amount cannot be claimed as a dependent. However, qualifying student can still be a dependent despite earning above the amount.
Commercial Real Estate Attorney
He can be claimed as a dependent as long as you paid more than 50% of his support for the taxable year, whether he is a student, is working part-time or not.