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- Chapter 3. Personal Exemptions and Dependents
-
- Social security numbers for dependents. If you claim a dependent on your tax
- return, you have to list the dependent's social security number if he or she
- is age one or older.
-
- Exemption amount. The amount you may deduct as an exemption has increased
- from $2,150 in 1991 to $2,300 in 1992. The amount is adjusted annually for
- inflation.
-
- Exemption phaseout. In 1992 you will lose all or part of the benefit of
- your exemptions if your adjusted gross income goes above a certain level.
- The income level ranges from $78,950 to $157,900 depending upon your filing
- status. See Phaseout of Exemptions, later.
-
- Important Reminder
-
- If you do not provide a dependent's social security number when it is
- required, or if you list an incorrect number, you may be subject to a
- $50 penalty.
-
- Introduction
-
- This chapter discusses exemptions. The following topics will be explained:
-
- ∙ Personal exemptions - You can take one for yourself and, if you are
- married, one for your spouse.
-
- ∙ Dependency exemptions - You must meet five dependency tests for each
- dependent you claim. If you are entitled to claim an exemption for a
- dependent, that dependent cannot claim a personal exemption on his or
- her own tax return.
-
- ∙ Phaseout of exemptions - You get less of a deduction when your taxable
- income goes above a certain amount.
-
- ∙ Social security number (SSN) requirement for dependents - You must list
- an SSN for any dependent age one or older.
-
- Exemptions are amounts that reduce your income. For 1992, each exemption is
- worth $2,300. How you claim an exemption on your tax return depends on which
- form you file.
-
- If you file Form 1040EZ, you are allowed an exemption for yourself unless
- someone else can claim you as a dependent. The exemption amount is combined
- with the standard deduction amount and entered on line 4.
-
- If you file Form 1040A or Form 1040, follow the instructions for the form.
- The total number of exemptions you can claim is the total in the box on line
- 6e. Also complete line 21 (Form 1040A) or line 36 (Form 1040) by multiplying
- the total number of exemptions shown in the box on line 6e by $2,300.
-
- Caution. If your adjusted gross income is $78,950 or more, see Phaseout of
- Exemptions, later.
-
- Related forms.
- ---------------------------------------------------------------------------
- This chapter refers to certain forms you may need. For more information, you
- may want to order the following:
-
- Form 2120, Multiple Support Declaration
-
- Form 8332, Release of Claim to Exemption for Child of Divorced or
- Separated Parents
- ----------------------------------------------------------------------------
-
- Exemptions
-
- There are two types of exemptions: personal exemptions and dependency
- exemptions. While these are both worth the same amount, different
- rules, discussed later, apply to each type.
-
- Personal Exemptions
-
- You are generally allowed one exemption for yourself and, if you are married,
- one exemption for your spouse. These are called personal exemptions.
-
- Your Own Exemption
-
- You may take one exemption for yourself unless you can be claimed as a
- dependent by another taxpayer.
-
- Single persons. If another taxpayer is entitled to claim you as a dependent,
- you may not take an exemption for yourself. This is true even if the other
- taxpayer does not actually claim your exemption.
-
- Married persons. If you file a joint return, you may take your own exemption.
- If you file a separate return, you may take your own exemption only if another
- taxpayer is not entitled to claim you as a dependent.
-
- Your Spouse's Exemption
-
- Your spouse is never considered your dependent. You are permitted one
- exemption for your spouse only because you are married.
-
- Joint return. If your spouse had any gross income, as defined in Chapter
- 1, you may take your spouse's exemption only if you and your spouse file
- a joint return.
-
- Separate return. If you file a separate return, you may claim the exemption
- for your spouse only if your spouse had no gross income and was not the
- dependent of another taxpayer. This is true even if the other taxpayer does
- not actually claim your spouse's exemption. This is also true if your spouse
- is a nonresident alien.
-
- If your spouse died during the year, you may generally claim your spouse's
- exemption under the rules just explained in Joint return and Separate return.
-
- If you remarried during the year, you may not take an exemption for your
- deceased spouse.
-
- If you are a surviving spouse without gross income and you remarry, you may
- be claimed as an exemption on both the final separate return of your deceased
- spouse and the separate return of your new spouse whom you married in the same
- year. If you file a joint return with your new spouse, you may be claimed as
- an exemption only on that return.
-
- If you obtain a final decree of divorce or separate maintenance by the end
- of the year, you may not take your former spouse's exemption. This rule
- applies even if you provided all of your former spouse's support.
-
- Exemptions for Dependents
-
- You are allowed one exemption of $2,300 for each person you can claim as a
- dependent in 1992. This is called a dependency exemption.
-
- A person is your dependent if all five of the dependency tests, discussed
- below, are met. You may take an exemption for your dependent even if your
- dependent files a return. However, see Joint Return Test later in this
- chapter.
-
- If your dependent files a tax return, that dependent cannot claim his or
- her own exemption. For information on filing requirements for dependents,
- see Dependents in Chapter 1.
-
- If your child was born alive during the year, and the dependency tests are
- met, you may take the full exemption. This is true even if the child lived
- only for a moment. Whether your child was born alive depends on state or
- local law. There must be proof of a live birth shown by an official document,
- such as a birth certificate. You cannot claim an exemption for a stillborn
- child.
-
- If your dependent died during the year and otherwise qualified as your
- dependent, you may take his or her exemption.
-
- Example. Your dependent mother died on January 15. You may take a full
- exemption for her on your return.
-
- Housekeepers, maids, or servants who work for you may not be claimed as
- dependents.
-
- Dependency tests. The following five tests must be met for a person to be
- your dependent:
-
- 1) Member of Household or Relationship Test
-
- 2) Citizenship Test
-
- 3) Joint Return Test
-
- 4) Gross Income Test
-
- 5) Support Test
-
- Member of Household or Relationship Test
-
- To meet this test, a person must live with you for the entire year as a
- member of your household or be related to you. If at any time during the
- year the person was your spouse, this test is not met, and you may not
- claim that person as a dependent.
-
- Temporary absences. You are considered to occupy the same household despite
- the temporary absence due to special circumstances of either yourself or the
- other person. Temporary absences due to special circumstances include those
- due to illness, education, business, vacation, and military service.
-
- If the person is placed in a nursing home for an unspecified period of time
- to receive constant medical care, the absence is considered temporary.
-
- Death or birth. A person who died during the year, but was a member of your
- household until death, will meet the member of household test. The same
- is true for a child who was born during the year and was a member of your
- household for the rest of the year, or would have been a member except for
- any required hospital stay following birth.
-
- A person does not meet the member of household test if at any time during your
- tax year the relationship between you and that person violates local law.
-
- A person related to you in any of the following ways does not have to live
- with you or be a member of your household to meet this test.
-
- Your child, grandchild, great grandchild, etc. (a legally adopted child
- is considered your child)
-
- Your stepchild
-
- Your brother, sister, half brother, half sister, stepbrother, or
- stepsister
-
- Your parent, grandparent, or other direct ancestor, but not foster parent
-
- Your stepfather or stepmother
-
- A brother or sister of your father or mother
-
- A son or daughter of your brother or sister
-
- Your father-in-law, mother-in-law, son-in-law, daughter-in-law,
- brother-in-law, or sister-in-law
-
- Any of the above relationships that were established by marriage are not ended
- by death or divorce.
-
- Adoption. Before legal adoption, a child is considered to be your child if
- he or she was placed with you for adoption by an authorized agency and was
- a member of your household. If the child was not placed with you by such an
- agency, the child will meet this test only if he or she was a member of your
- household for your entire tax year.
-
- Foster individual. A foster child or adult must live with you as a member of
- your household for the entire year to qualify as your dependent.
-
- However, if a state, one of its political subdivisions, or a tax-exempt
- child-placing agency makes payments to you as a foster parent, you may not
- take the child as your dependent. Your expenses are incurred on behalf of the
- agency that made payments to you. Expenses you incur in excess of nontaxable
- payments you receive are allowed as charitable contributions. If you receive
- taxable payments, your expenses may be deductible as business expenses. See
- Foster-care providers under Income Not Taxed in Chapter 13 and Foster
- parents in Chapter 25.
-
- Cousin. Your cousin will meet this test only if he or she lives with you as
- a member of your household for the entire year. A cousin is a descendant of
- a brother or sister of your father or mother and does not qualify under the
- relationship test.
-
- Joint return. If you file a joint return, you do not need to show that
- a dependent is related to both you and your spouse. You also do not need
- to show that a dependent is related to the spouse who provides support.
-
- For example, your spouse's uncle who receives more than half his support from
- you may be your dependent, even though he does not live with you. If you and
- your spouse file separate returns, your spouse's uncle can be your dependent
- only if he is a member of your household and lives with you for your entire
- tax year.
-
- Citizenship Test
-
- To meet the citizenship test, a person must be a U.S. citizen, resident, or
- national, or a resident of Canada or Mexico for some part of the calendar
- year in which your tax year begins.
-
- Children usually are citizens or residents of the country of their parents.
-
- If you were a U.S. citizen when your child was born, the child may be a U.S.
- citizen although the other parent was a nonresident alien and the child was
- born in a foreign country. If so, and the other dependency tests are met,
- the child is your dependent and you may take the exemption, even if the
- child lives abroad with the nonresident alien parent.
-
- If you are a U.S. citizen who has legally adopted a child who is not a U.S.
- citizen or resident, and the other dependency tests are met, the child is your
- dependent and you may take the exemption if your home is the child's main home
- and the child is a member of your household for your entire tax year.
-
- Foreign students brought to this country under a qualified international
- education exchange program and placed in American homes for a temporary period
- generally are not U.S. residents and do not meet the citizenship test. They
- may not be claimed as dependents. However, if you provided a home for a
- foreign student, you may be able to take a charitable contribution deduction.
- See Student Living With You in Chapter 25.
-
- Joint Return Test
-
- Even if the other dependency tests are met, you are generally not allowed
- an exemption for your dependent if he or she files a joint return.
-
- Example. You supported your daughter for the entire year while her husband
- was in the Armed Forces. The couple files a joint return. Even though all
- the other tests are met, you may not take an exemption for your daughter.
-
- Exception. You may take an exemption for your married dependent if neither the
- dependent nor the dependent's spouse is required to file a return, but they
- file a joint return to claim a refund of tax withheld and no tax liability
- exists for either spouse on separate returns.
-
- Example. Your son and his wife each had less than $1,000 of wages and no
- unearned income. Neither is required to file a tax return. Taxes were withheld
- from their income, so they file a joint return to get a refund. You are
- allowed exemptions for your son and daughter-in-law if the other dependency
- tests are met.
-
- Gross Income Test
-
- Generally, you may not take an exemption for a dependent if that person had
- gross income of $2,300 or more for the year. This test does not apply if the
- person is your child and is either under age 19, or a student under age 24,
- as discussed later.
-
- If you file on a fiscal year basis, the gross income test applies to the
- calendar year in which your fiscal year begins.
-
- Gross income is all income in the form of money, property, and services that
- is not exempt from tax.
-
- In a manufacturing, merchandising, or mining business, gross income is the
- total net sales minus the cost of goods sold, plus any miscellaneous income
- from the business.
-
- Gross receipts from rental property are gross income. You may not deduct
- taxes, repairs, etc., to determine the gross income from rental property.
-
- Gross income includes a partner's share of the gross, not a share of the net,
- partnership income.
-
- Gross income also includes all unemployment compensation and certain
- scholarship and fellowship grants. Scholarships received by degree candidates
- that are used for tuition, fees, and books and equipment required for
- particular courses are not included in gross income. For more information,
- see Chapter 13.
-
- Tax-exempt income, such as certain social security payments, is not included
- in gross income. See Income Not Taxed in Chapter 13.
-
- Gross income does not include income received by a permanently and totally
- disabled individual at a sheltered workshop. The availability of medical care
- must be the main reason the individual is at the workshop, and the income
- must come solely from activities at the workshop that are incident to this
- medical care. A sheltered workshop is a school operated by certain tax-exempt
- organizations, or by a state, a U.S. possession, a political subdivision of
- a state or possession, the United States, or the District of Columbia, that
- provides special instruction or training designed to alleviate the disability
- of the individual.
-
- Your child is your son, stepson, daughter, stepdaughter, a legally adopted
- child, or a child who was placed with you by an authorized placement agency
- for your legal adoption. A foster child who was a member of your household
- for your entire tax year is also considered your child. See Foster individual,
- earlier.
-
- If your child is under 19 at the end of the year, the gross income test
- does not apply. Your child may have any amount of income and still be your
- dependent, if the other dependency tests are met.
-
- Example. Marie Grey, 18, earned $2,400. Her father provided more than half
- her support. Marie may be claimed as a dependent because the gross income
- test does not apply and the other dependency tests were met.
-
- If your child is a student, the gross income test does not apply if the child
- is under age 24 at the end of the calendar year. The other dependency tests
- must still be met.
-
- To qualify as a student your child must be, during some part of each of 5
- calendar months during the calendar year (not necessarily consecutive):
-
- 1) A full-time student at a school that has a regular teaching staff, course
- of study, and regularly enrolled body of students in attendance, or
-
- 2) A student taking a full-time, on-farm training course. The course has to
- be given by a school or a state, county, or local government. The school
- must have a regular teaching staff, course of study, and regularly
- enrolled body of students in attendance.
-
- A full-time student is one who is enrolled for the number of hours or courses
- the school considers to be full-time attendance.
-
- The term "school" includes elementary schools, junior and senior high schools,
- colleges, universities, and technical, trade, and mechanical schools. It does
- not include on-the-job training courses, correspondence schools, and night
- schools.
-
- Example. James Clay, 22, attends college as a full-time student. During the
- summer, James earned $2,700, which he spent for his support. His parents
- provided more than $2,700 toward his support and the other dependency tests
- were met. On their return, they may take the exemption for James as a
- dependent.
-
- Vocational high school students who work on "co-op" jobs in private industry
- as a part of the school's prescribed course of classroom and practical
- training are considered full-time students.
-
- Night school. Your child is not a full-time student while attending school
- only at night. However, full-time attendance at a school may include some
- attendance at night as part of a full-time course of study.
-
- Support Test
-
- You must provide more than half of a person's total support during the
- calendar year to meet the support test. You figure whether you have provided
- more than half by comparing the amount you contributed to the person's support
- with the entire amount of support the person received from all sources. This
- amount includes the person's own funds used for support. You may not include
- in your contribution any part of your child's support that is paid for by
- the child with the child's own wages, even if you pay the wages. See Total
- Support, later. For exceptions to the support test, see Multiple Support
- Agreement and Support Test for Divorced or Separated Parents, later.
-
- A person's own funds are not support unless they are actually spent for
- support.
-
- Example. Your mother received $2,400 in social security benefits and $300 in
- interest. She paid $2,000 for lodging, $400 for recreation, and $300 for life
- insurance premiums.
-
- Even though your mother received a total of $2,700, she spent only $2,400 for
- her own support. Life insurance premiums are not support items. If you spent
- more than $2,400 for her support and no other support was received, you have
- provided more than half her support.
-
- The total cost, not the period of time you provide the support, determines
- whether you provide more than half of the support.
-
- The year you provide the support is the year you pay for it, even if you do
- so with borrowed money that you repay in a later year.
-
- If you use a fiscal year to report your income, you must provide more than
- half of the dependent's support for the calendar year in which your fiscal
- year begins.
-
- Armed Forces dependency allotments. Both the part of the allotment contributed
- by the government and the part withheld from your military pay are considered
- provided by you in figuring whether you provide more than half of the support.
- If your allotment is used to support persons other than those you name, you
- may take the exemptions for them if they otherwise qualify as dependents.
-
- Example. You are in the Armed Forces. You authorize an allotment for your
- widowed mother that she uses for the support of herself and your sister. If
- it provides more than half of their support, you may take an exemption for
- each of them, even though you authorize the allotment only for your mother.
-
- Tax-exempt military quarters allowances are treated the same way as dependency
- allotments in figuring support. Both the allotment of pay and the tax-exempt
- basic allowance for quarters are considered as provided by you for support.
-
- Tax-exempt income. In figuring a person's total support, include tax-exempt
- income, savings, and borrowed amounts used to support that person. Tax-exempt
- income includes certain social security benefits, welfare benefits, nontaxable
- life insurance proceeds, Armed Forces family allotments, nontaxable pensions,
- and tax-exempt interest.
-
- Example 1. You provide $2,000 for your mother's support during the year. She
- has taxable income of $600, nontaxable social security benefit payments of
- $1,800, and tax-exempt interest of $200. She uses all these for her support.
- You may not claim your mother as a dependent because the $2,000 you provide
- is not more than half of her total support of $4,600.
-
- Example 2. Your daughter takes out a student loan of $2,500 and uses it to pay
- her college tuition. She is personally responsible for the loan. You provide
- $2,000 toward her total support. You may not claim your daughter as a
- dependent because you provide less than half of her support.
-
- Social security benefit payments. If a husband and wife each receive social
- security benefit payments that are paid by one check made out to both of them,
- half of the total paid is considered to be for the support of each spouse,
- unless they can show otherwise.
-
- If a child receives social security benefits and uses them toward his or her
- own support, the payments are considered provided by the child.
-
- State benefit payments (welfare, food stamps, housing, etc.) based on need are
- considered as support provided by the state, unless it is shown otherwise. For
- example, AFDC (Aid to Families with Dependent Children) is not support
- provided by the parent. It is support provided by the state.
-
- Home for the aged. If you make a lump-sum advance payment to a home for the
- aged to take care of your relative for life and the payment is based on that
- person's life expectancy, the amount of your support each year is the lump-sum
- payment divided by the relative's life expectancy. Your support also includes
- any other amounts that you provided during the year.
-
- Total Support
-
- To figure if you provided more than half of the support of a person, you must
- first determine the total support provided for that person. Total support
- includes amounts spent to provide food, lodging, clothing, education, medical
- and dental care, recreation, transportation, and similar necessities.
-
- Generally, the amount of an item of support is the amount of the expense
- incurred in providing that item. Expenses that are not directly related to
- any one member of a household, such as the cost of food for the household,
- must be divided among the members of the household. If the item is property
- or lodging, the amount of such item is its fair rental value.
-
- Example. Your parents live with you, your spouse, and your two children in a
- house you own. The fair rental value of your parents' share of lodging is
- $2,000 a year, which includes furnishings and utilities. Your father receives
- a nontaxable pension of $4,200, which he spends equally for items of support
- such as clothing, transportation, and recreation, for your mother and himself.
- Your total food expense for the household is $6,000. Your heat and utility
- bills amount to $1,200. Your mother has hospital and medical expenses of $600,
- which you pay during the year. Figure your parents' total support as follows:
-
- Support
- provided
- Father Mother
- Fair rental value of lodging....... $1,000 $1,000
- Pension spent for their support.... 2,100 2,100
- Share of food (1/6 of $6,000)...... 1,000 1,000
- Medical expenses for mother........ 600
- __________ __________
- Parents' total support $4,100 $4,700
- ========== ==========
-
- Since you provided different amounts to each parent, you must figure the
- dependency status of each parent separately. You provide $2,000 ($1,000
- lodging, $1,000 food) of your father's total support of $4,100 - less than
- half. You provide $2,600 to your mother ($1,000 lodging, $1,000 food, $600
- medical) - more than half of her total support of $4,700. You may claim your
- mother as a dependent, but not your father. Heat and utilities are included in
- the fair rental value of the lodging, so these are not considered separately.
-
- Lodging is the fair rental value of the room, apartment, or house in which the
- person lives. It includes a reasonable allowance for the use of furniture and
- appliances, and for heat and other utilities.
-
- The fair rental value is the amount you could reasonably expect to receive
- from a stranger for the same kind of lodging. It is used in place of rent or
- taxes, interest, depreciation, paint, insurance, utilities, cost of furniture
- and appliances, etc. In some cases, fair rental value may be equal to the rent
- paid.
-
- If you are considered to provide the total lodging, determine the fair rental
- value of the room the person uses, or a share of the fair rental value of
- the entire dwelling if the person has use of your entire home. If you do
- not provide the total lodging, the total fair rental value must be divided
- depending on how much of the total lodging you provide. If you provide only a
- part and the person supplies the rest, the fair rental value must be divided
- between the two of you according to the amount each of you provides.
-
- Example. Your parents live rent free in a house you own. It has a fair rental
- value of $5,400 a year furnished, which includes a fair rental value of $3,600
- for the house and $1,800 for the furniture. This does not include heat and
- utilities. The house is completely furnished with furniture belonging to your
- parents. You pay $600 for their utility bills. Utilities are not usually
- included in rent for houses in the area where your parents live. Therefore,
- you consider the total fair rental value of the lodging to be $6,000 ($3,600
- fair rental value of the unfurnished house, $1,800 allowance for furnishings
- provided by your parents, and $600 cost of utilities) of which you are
- considered to provide $4,200 ($3,600 + $600).
-
- Person living in his or her own home. The total fair rental value of a
- person's home that he or she owns is considered support contributed by that
- person.
-
- If you help to keep up the home by paying interest on the mortgage, real
- estate taxes, fire insurance premiums, ordinary repairs, or other items
- directly related to the home, or give someone cash to pay those expenses,
- reduce the total fair rental value of the home by those amounts in figuring
- that person's own contribution.
-
- Example. You provide $6,000 cash for your father's support during the year.
- He lives in his own home, which has a fair rental value of $6,600 a year. He
- uses $800 of the money you give him to help pay his real estate taxes. Your
- father's contribution for his own lodging is $5,800 ($6,600 &minus $800 for
- taxes).
-
- If you live with a person rent free in his or her home, you must reduce the
- amount you provide for support by the fair rental value of lodging he or she
- provides you.
-
- Property provided as support is measured by its fair market value.
-
- Capital expenses. Capital items, such as furniture, appliances, and cars, that
- are bought for a person during the year may be included in total support under
- certain circumstances.
-
- The following examples show when a capital item is or is not support.
-
- Example 1. You buy a $200 power lawn mower for your 13-year-old child. The
- child is given the duty of keeping the lawn trimmed. Because a lawn mower is
- ordinarily an item you buy for personal and family reasons that benefits all
- members of the household, you cannot include the cost of the lawn mower in the
- support of your child.
-
- Example 2. You buy a $150 television set as a birthday present for your
- 12-year-old child. The television set is placed in your child's bedroom.
- You include the cost of the television set in the support of your child.
-
- Example 3. You pay $5,000 for a car and register it in your name. You and your
- 17-year-old daughter use the car equally. Because you own the car and do not
- give it to your daughter but merely let her use it, you cannot include the
- cost of the car in your daughter's total support. However, you can include
- in your daughter's support your out-of-pocket expenses of operating the car
- for her benefit.
-
- Example 4. Your 17-year-old son, using personal funds, buys a car for $4,500.
- You provide all the rest of your son's support - $4,000. Since the car is
- bought and owned by your son, the car's fair market value ($4,500) must be
- included in his support. The $4,000 support you provide is less than half of
- his total support of $8,500. You cannot claim your son as a dependent.
-
- Medical insurance premiums include premiums you pay for supplementary Medicare
- coverage. These are included in the total support you provide.
-
- Medical insurance benefits, including basic and supplementary Medicare
- benefits, are not part of support.
-
- Amounts veterans receive under the GI Bill for tuition payments and allowances
- while they attend school are included in total support.
-
- Example. During the year, your son receives $2,200 from the government under
- the GI Bill. He uses this amount for his education. You provide the rest of
- his support - $2,000. Because GI benefits are included in total support, your
- son is not your dependent.
-
- Other items may be considered as support depending on the facts in each case.
- For example, if you pay someone to provide child care or disabled dependent
- care, you may include these payments as support, even if you claim a credit
- for them. For information on the credit, see Chapter 33.
-
- Do Not Include in Total Support
-
- The following items are not included in total support:
-
- 1) Federal, state, and local income taxes paid by persons from their own
- income.
-
- 2) Social security and Medicare taxes paid by persons from their own income.
-
- 3) Life insurance premiums.
-
- 4) Funeral expenses.
-
- 5) Scholarships received by your child if your child is a full-time student.
- (If a child is committed to a state training school because of antisocial
- behavior, the value of the room, board, and education provided is not a
- scholarship. It must be included in support.)
-
- 6) Survivors' and Dependents' Educational Assistance payments used for
- support of the child who receives them.
-
- Multiple Support Agreement
-
- Sometimes no one provides more than half of the support of a person. Instead,
- two or more persons, each of whom would be able to take the exemption but
- for the support test, together provide more than half the person's support.
-
- When this happens, you may agree that any one of you who individually provides
- more than 10% of the person's support, but only one, may claim an exemption
- for that person. Each of the others must sign a written statement agreeing not
- to claim the exemption for that year. The statements must be filed with the
- income tax return of the person who claims the exemption. Form 2120, Multiple
- Support Declaration, is used for this purpose.
-
- Example 1. You, your sister, and your two brothers provide the entire support
- of your mother for the year. You provide 45%, your sister 35%, and your two
- brothers each provide 10%. Either you or your sister may claim an exemption
- for your mother. The other must sign a Form 2120 or a written statement
- agreeing not to take an exemption for her. Because neither brother provides
- more than 10% of the support, neither can take the exemption. They do not
- have to sign a Form 2120 or the written statement.
-
- Example 2. You and your brother each provide 20% of your mother's support for
- the year. The remaining 60% of her support is provided equally by two persons
- who are not related to her. She does not live with them. Because more than
- half of her support is provided by persons who cannot claim her as a
- dependent, no one may claim the exemption.
-
- Example 3. Your father lives with you and receives 25% of his support from
- social security, 40% from you, 24% from his brother, and 11% from a friend.
- Either you or your uncle may take the exemption for your father. A Form
- 2120 or a written statement from the one not claiming the exemption must be
- attached to the return of the one who takes the exemption.
-
- Support Test for Divorced or Separated Parents
-
- The support test for a child of divorced or separated parents is based on
- special rules that apply only if:
-
- 1) The parents are divorced or legally separated under a decree of divorce
- or separate maintenance, or separated under a written separation
- agreement, or lived apart at all times during the last 6 months of
- the calendar year,
-
- 2) One or both parents provide more than half of the child's total support
- for the calendar year, and
-
- 3) One or both parents have custody of the child for more than half of the
- calendar year.
-
- "Child" is defined earlier under the Gross Income Test.
-
- Exceptions. This discussion does not apply in any of the following situations:
-
- 1) A third party, such as a relative or friend, provides half of the child's
- support or more,
-
- 2) The child is in the custody of a person other than the parents for half
- of the year or more,
-
- 3) The support of the child is determined under a multiple support
- agreement, as discussed earlier, or
-
- 4) The parents are separated under a written separation agreement or are
- living apart, but they file a joint return for the tax year.
-
- Custodial parent. The parent who has custody of the child for the greater part
- of the year is generally treated as the parent who provides more than half of
- the child's support. It does not matter whether that parent actually provided
- more than half of the support. However, see Noncustodial parent, later.
-
- Custody is usually determined by the terms of the most recent decree of
- divorce or separate maintenance, or a later custody decree. If there is
- no decree, use the written separation agreement. If neither a decree nor
- agreement establishes custody, then the parent who has the physical custody
- of the child for the greater part of the year is considered to have custody of
- the child. This also applies if the validity of a decree or agreement awarding
- custody is uncertain because of legal proceedings pending on the last day of
- the calendar year.
-
- If the parents are divorced or separated during the year and had joint custody
- of the child before the separation, the parent who has custody for the greater
- part of the rest of the year is considered to have custody of the child for
- the tax year.
-
- Example 1. Under the terms of your divorce, you have custody of your child
- for 10 months of the year. Your former spouse has custody for the other 2
- months. You and your former spouse provide the child's total support. You
- are considered to have provided more than half of the support of the child.
- However, see Noncustodial parent, below.
-
- Example 2. Assume that in Example 1 your aunt gives $2,000 of the $3,100
- necessary to support your child. Neither you nor your former spouse may claim
- the child as a dependent because the two of you did not provide more than
- half of the child's support.
-
- Noncustodial parent. The noncustodial parent will be treated as providing more
- than half of the child's support if:
-
- 1) The custodial parent signs a written declaration that he or she will not
- claim the exemption for the child, and the noncustodial parent attaches
- this written declaration to his or her return,
-
- 2) A decree or agreement went into effect after 1984 and it unconditionally
- states that the noncustodial parent can claim the child as a dependent,
- or
-
- 3) A decree or agreement executed before 1985 provides that the noncustodial
- parent is entitled to the exemption, and he or she provides at least $600
- for the child's support during the year, unless the pre-1985 decree or
- agreement is modified after 1984 to specify that this provision will not
- apply.
-
- Example. Under the terms of your 1982 divorce decree, your former spouse has
- custody of your child. The decree specifically states that you are entitled to
- the exemption. You provide at least $600 in child support during the calendar
- year. You are considered to have provided more than half of the child's
- support.
-
- Written declaration. The custodial parent should use Form 8332, Release of
- Claim to Exemption for Child of Divorced or Separated Parents, or a similar
- statement, to make the written declaration to release the exemption to the
- noncustodial parent. The noncustodial parent must attach the form or
- statement to his or her tax return.
-
- The exemption may be released for a single year, for a number of specified
- years (for example, alternate years), or for all future years, as specified
- in the declaration. If the exemption is released for more than one year, the
- original release must be attached to the return of the noncustodial parent for
- the first year of such release, and a copy of the release must be attached to
- the return for each succeeding taxable year for which the noncustodial parent
- claims the exemption.
-
- Children who didn't live with you. If you are claiming a child who didn't live
- with you under the rules for children of divorced or separated parents, enter
- the number of children who did not live with you (or who lived with their
- other parent for the greater part of the year) on the line to the right of
- line 6c labeled "No. of your children on 6c who didn't live with you due to
- divorce or separation."
-
- Then you must either:
-
- 1) Check the box on line 6d if your divorce decree or written separation
- agreement was in effect before 1985 and it states that you can claim
- the child as your dependent, or
-
- 2) Attach Form 8332 or a similar statement to your return. If your divorce
- decree or separation agreement went into effect after 1984 and it
- unconditionally states that you can claim the child as your dependent,
- you may attach a copy of the following pages from the decree or agreement
- instead of Form 8332:
-
- Cover page (write the other parent's social security number on this
- page),
-
- The page that unconditionally states you can claim the child as your
- dependent, and
-
- Signature page showing the date of the agreement.
-
- Enter the total number of children who did not live with you for reasons other
- than divorce or separation on the line labeled "No. of other dependents listed
- on 6c." Include your dependent children who were not U.S. citizens and who
- lived in Canada or Mexico during 1992.
-
- Child support. All child support payments actually received from the
- noncustodial parent are considered used for the support of the child.
-
- Example. The noncustodial parent provides $1,200 for the child's support.
- This amount is considered as support provided by the noncustodial parent
- even if the $1,200 was actually spent on things other than support.
-
- Support payments for an earlier year. If support payments made this year are
- not more than the amount required of the noncustodial parent, the amount of
- support provided by that parent is not reduced by any payment of support that
- parent owed for an earlier year. If the support payments are more than the
- amount required for this year, any payment for an earlier year is not support
- provided by the noncustodial parent for either the earlier year or for this
- year. It is reimbursement to the custodial parent for amounts paid for the
- support of the children in an earlier year.
-
- Example. Under your divorce decree, you must pay $400 a month to your former
- spouse for the support of your two children. Last year you paid $4,000 instead
- of $4,800 due for the year. This year, if you pay the full amount, the entire
- $4,800 is considered support that you provided. If you also pay any part of
- the $800 you owe from last year, that amount is not included as support
- provided by you in either year.
-
- Support provided by a third party for a divorced or separated parent is not
- included as support provided by that parent. However, see Remarried parent,
- below.
-
- Example. You are divorced. During the whole year, you and your child live with
- your mother in a house she owns. The fair rental value of the lodging provided
- by your mother for your child is $1,000. The home provided by your mother is
- not included in the amount of support you provide.
-
- Remarried parent. If you remarry, the support provided by your new spouse is
- treated as provided by you.
-
- Example. You have two children from a former marriage who live with you.
- You have remarried and are living in a home owned by your present spouse.
- The fair rental value of the home provided to the children by your present
- spouse is treated as provided by you.
-
- Home jointly owned. If you and your former spouse have the right to use and
- live in the home, each of you is considered to provide half of your child's
- lodging. However, if the divorce decree gives only you the right to use and
- live in the home, you are considered to provide your child's entire lodging.
- It does not matter if the legal title to the home remains in the names of
- both parents.
-
- Medical expenses. A child of divorced or separated parents or of parents who
- live apart during the last 6 months of the year, is treated as a dependent of
- both parents for the medical expense deduction if the child receives more than
- half of his or her support from the parents. Thus, a parent can deduct medical
- expenses he or she paid for the child even though the other parent claims an
- exemption for the child. This special rule does not apply if more than half
- of the child's support is treated as received from a person under a multiple
- support agreement.
-
- Phaseout of Exemptions
-
- The amount you can claim as a deduction for exemptions is phased out once your
- adjusted gross income (AGI) goes above a certain level for your filing status.
- These levels are as follows:
-
- AGI Level
- Which Reduces
- Filing Status Exemption Amount
-
- Married filing separately $ 78,950
- Single 105,250
- Head of household 131,550
- Married filing jointly 157,900
- Qualifying widow(er) 157,900
-
- You must reduce the dollar amount of your exemptions by 2% for each $2,500, or
- part of $2,500 ($1,250 if you are married filing separately), that your AGI
- exceeds the amount shown above for your filing status.
-
- If your AGI exceeds the level for your filing status, use the Deduction for
- Exemptions Worksheet shown below to figure the amount of your 1992 exemptions.
-
- Deduction for Exemptions Worksheet
-
- 1.Multiply $2,300 by the total number of
- exemptions claimed on Form 1040, line 6e................ 1.___________
-
- 2.Enter the amount from Form 1040,
- line 32................................... 2.__________
-
- 3.Enter on line 3 the amount shown below for
- your filing status:
- ∙ Married filing separately, enter $78,950
- ∙ Single, enter $105,250
- ∙ Head of household, enter $131,550 3.__________
- ∙ Married filing jointly or Qualifying
- widow(er),enter $157,900
-
- 4.Subtract line 3 from line 2................ 4.__________
- Note: If line 4 is more than $122,500 (more
- than $61,250 if married filing stop here; you
- may not take a deduction for exemptions.
- Enter 0 on Form 1040, line 36.
-
- 5.Divide line 4 by $2,500 ($1,250
- if married filing separately).
- If the result is not a whole
- number, round it up to the next
- higher whole number........................ 5.__________
-
- 6.Multiply line 5 by 2% (.02), and
- enter the result as a decimal
- amount..................................... 6.__________
-
- 7.Multiply line 1 by line 6................................ 7.__________
-
- 8.Deduction for exemptions. Subtract line
- 7 from line 1. Enter the result here and
- on Form 1040, line 36.................................... 8.__________
-
-
- Social Security Number for Dependents
-
- If you claim a dependent who is at least one year old by the end of your tax
- year, you must list the dependent's social security number (SSN) on your Form
- 1040 or Form 1040A. If you do not list the dependent's SSN when required or
- if you list an incorrect SSN, you may be subject to a $50 penalty.
-
- No social security number. If a person whom you expect to claim as a dependent
- on your return does not have an SSN, either you or that person should apply
- for an SSN as soon as possible by filing Form SS─5 with the Social Security
- Administration (SSA). Information about applying for an SSN and Form SS─5 is
- available at your local SSA office.
-
- It usually takes about 2 weeks to get an SSN. If your dependent will not
- have a number by the time you are ready to file your tax return, ask the
- SSA to give you a Form SSA─5028, Receipt for Application for a Social
- Security Number.
-
- If you or your dependent does not receive an SSN by the time you are ready
- to file, you should file your return and write "Applied for" in the space
- provided for the number. If you have a Form SSA─5028, attach a copy to your
- return.
-
- Dependents living in Mexico or Canada. Taxpayers who claim dependents living
- in Mexico or Canada must have SSNs for these dependents.
-
- To obtain SSNs for these dependents, complete Form SS─5 and check the "Other"
- box for Line 3, Citizenship. Attach a statement to explain that the SSN is
- needed for income tax purposes for a dependent living in Mexico or Canada.
-
- A dependent living in Mexico may apply for an SSN at the U.S. Embassy in
- Mexico City or at a foreign service post in Ciudad Juarez, Guadalajara,
- Hermosillo, Matamoros, Mazatlan, Monterrey, Merida, or Tijuana. If you
- claim a dependent who lives in Mexico, enter "F" instead of a number
- in column (5) of line 6c of your Form 1040 or Form 1040A.
-
- A dependent living in Canada may apply for an SSN at the American Embassy in
- Ottawa or at a consulate. Those living near the U.S. border may also apply
- at a Social Security Administration office in a nearby American city. If you
- claim a dependent who lives in Canada, enter "F" instead of a number in column
- (5) of line 6c of your Form 1040 or Form 1040A.
-