- Joined
- Sep 21, 2006
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I work for the IRS. Just because his parents provide more than 50% of support (one of the four "tests" of being a dependent) doesn't mean they MUST claim him as a dependent. There is no tax law that states a parent MUST claim their child as a dependent if they provide support. If he works and has federal withholding from his paycheck, he should file his own tax return and get his withholding back if he doesn't owe. The minimum income requirement to file taxes is pretty darn low - and if anyone works and has federal tax withholding, and doesn't owe any taxes because of low income, then they should file taxes to get it back - otherwise you're just letting the government keep your money.
A bigger abuse of the system are the people who claim kids they shouldn't, or better yet, random people they shouldn't, as dependents.
I agree there's nothing saying they MUST claim him. I know that the discounted utility rates for CA ask the question "CAN" someone else claim you as a dependent. In this case, the answer would be yes, even if they don't claim him. Hence, he wouldn't qualify for reduced utility rates. I'm not aware of what other programs make this a condition of receipt. I'm just aware of this specific example because I dealt with it for 8 years in my old job.
As far as getting the tax witholding back, I do that every year myself, but I'm living on less than I earn currently and can only survive with student loans.