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    doitrite's Avatar
    doitrite Posts: 1, Reputation: 1
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    #1

    Apr 3, 2008, 10:57 AM
    Claiming parent on my tax return
    I'd like to claim my mother-in-law on my wife's and my tax return. She lived with us 7 months in 2007. She gets about $12,000 from Social Security each year, and has absolutely no other income. She is 82 years old, but not disabled.
    1st) is the social security included in gross income for the Qualifying Relative test?
    2nd) do I need to charge her rent? She's living free now here and only chips in on some food?
    3rd) Can she be claimed on my return as a dependent?
    ebaines's Avatar
    ebaines Posts: 12,131, Reputation: 1307
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    #2

    Apr 3, 2008, 11:11 AM
    Quote Originally Posted by doitrite
    1st) is the social security included in gross income for the Qualifying Relative test?
    Yes - the gross income test doesn't distinguish between the various types of income, with the exception of tax-exempt income, which some SS benefits are. So if her $12K in SS are taxable, she doesn't meet this requirement.

    Quote Originally Posted by doitrite
    2nd) do I need to charge her rent? She's living free now here and only chips in on some food?
    No - Why would you? One doesn't usually charge a dependent rent.

    Quote Originally Posted by doitrite
    3rd) Can she be claimed on my return as a dependent?
    No - unless the SS income is tax exempt. But the good news is that by filing her own taxes your MIL will qualify for the stimulus payment. If you claimed her as a dependent she would not be eligible.
    MukatA's Avatar
    MukatA Posts: 7,110, Reputation: 176
    Tax Expert
    		  
    #3

    Apr 4, 2008, 03:50 AM
    Quote Originally Posted by doitrite
    I'd like to claim my mother-in-law on my wife's and my tax return. She lived with us 7 months in 2007. She gets about $12,000 from Social Security each year, and has absolutely no other income. She is 82 years old, but not disabled.
    1st) is the social security included in gross income for the Qualifying Relative test?
    2nd) do I need to charge her rent? She's living free now here and only chips in on some food?
    3rd) Can she be claimed on my return as a dependent?
    Yes, if you provided more than half of her support that is more than $12,000 and any other income she earned.
    Also she did not earn more than $3,400 (excluding SS benefits) in the year.

    Read: Your U.S. Tax Return: Requirements for claiming a dependent
    The Texas Tax Expert's Avatar
    The Texas Tax Expert Posts: 310, Reputation: 7
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    #4

    Apr 4, 2008, 06:34 AM
    At that income level, the social security benefits are not gross income.
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