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Yes but. Only if you and your 38 year old son meet all of the rules for your son to be your qualifying child or qualifying relative dependent on your 1040 income tax return.

You cannot claim a married person who files a joint return as a dependent unless the joint income tax return is only a claim for refund and there would be no tax liability for either spouse on separate returns.

You cannot claim a person as a dependent unless that person is a U.S. citizen, U.S. resident alien, U.S. national, or a resident of Canada or Mexico

You cannot claim a person as a dependent unless that person is your qualifying child or qualifying relative.

Qualifying child

· The child must be your son, daughter, stepchild, foster child, brother, sister, half brother, half sister, stepbrother, stepsister, or a descendant of any of them.

· The child must be (a) under age 19 at the end of the year and younger than you (or your spouse, if filing jointly), (b) under age 24 at the end of the year, a full-time student, and younger than you (or your spouse, if filing jointly), or (c) any age if permanently and totally disabled.

· The child must have lived with you for more than half of the year.2

· The child must not have provided more than half of his or her own support for the year.

· The child is not filing a joint return for the year (unless that return is filed only as a claim for refund).

· If the child meets the rules to be a qualifying child of more than one person, you must be the person entitled to claim the child as a qualifying child.

Qualifying relative dependent

· The person cannot be your qualifying child or the qualifying child of any other taxpayer.

· The person either (a) must be related to you in one of the ways listed under Relatives who do not have to live with you, or (b) must live with you all year as a member of your household2 (and your relationship must not violate local law).

· The person's gross income for the year must be less than $3,650.3

· You must provide more than half of the person's total support for the year.4

For all of the rules go to the IRS.gov web site and use the search box for PUBLICATION 17 go to chapter 3

Click on the below Related Link

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Q: Can you claim your 38 year old son on your taxes?
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Can you claim your thirty year old son on your income taxes?

No, Allas.


Can your 18 year old son file taxes if you claim him on your taxes?

Unless the 18-year-old is a dependant because of disability or other factors, generally they are considered an adult and must file their own taxes, and you cannot claim them.


If your 18 year old son made 4 thousand dollars and he files can you still claim him on your taxes?

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I have a 15 year old son that I have custody of and I am suppost to claim every year. My x-husband claimed him on his taxes!He has custody of our daughter and he claims here every year. What can I do or suppost to do about this?

What you need to do from now on is if you believe you are entitled to claim your 15 year old son, then on your next tax return you claim him, then instead of e-filing your return, you US mail your return in to the IRS. It will take longer to get your money, but by mailing it in you can challenge your x-husband in IRS court.


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My son didn't file taxes last year 2011. is he still able to claim any of his 2011 taxes along with his 2012 taxes in 2013?


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Probably not. He would have to live with you over half of the year, and you would have to provide over half of his support for the year.


Can your mother claim your son on her taxes if you owe back child support?

To claim a child as a dependent on your taxes, the child must have lived with you and you must have provided support for over 50% of the year. So the mother in this case can claim her grandson on her taxes if she supported the child for at least 183 days out of the year, regardless of whether or not the mother of the child owes back child support.


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If you mean February 2015 you can claim your son, but you can't claim a child before he or she is born. Under the law a unborn child is not a tax deduction.


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The key age is how old the dependant is on December 31st of the tax year.