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How can you claim your own tax exemption and disallow your parents from claiming you?

My friend is a full time student who supports himself with loans, scholarships and work. He is 21. His parents - who are very poor - cannot get along with him and haven't spoken to him since June. They provide no support - financial, moral, or even a kind word. That includes the fact that they provide no car insurance or health insurance for him.

Of course they can currently claim him as a deduction because he is a full time student. But in my opinion he should be claiming himself. He doesn't earn enough to pay any taxes anyway - it's the principle of the thing.

Is there paperwork that he can file to declare that they cannot claim him? I have searched the IRS website and cannot find anything.

Update:

To those who asked, I told him I would find out HOW to do this. It is his choice if he wants to act on it.

6 Answers

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  • 1 decade ago
    Favorite Answer

    He simply needs to file his own taxes this year. Go to a H&R Block (or wheveever) and take his W-2's and file his taxes. The IRS will automatically know that he's claiming himself because he filed his own taxes.

  • Anonymous
    1 decade ago

    No, this is *not* an "of course."

    It's based on facts and circumstances. See IRS pub 501, page 18, support test. If he can show he provided more than half of his support, his parents CAN'T claim him. Note, if he's temporarily away from home, part of that support is his share of living expenses at their house. The loans he took out are considered money he spent on himself. The scholarships are a wash.

    However, they will try, so he should be prepared to mail his tax return in (once the number is used on an efile, the second person must mail their return in). If he earns more than $8950 (which includes any portion of the scholarships used to pay for books, room and board), he must file. If he earns less, he can still file--and should--to get a refund of any withholding.

  • 1 decade ago

    Legally his parents CANNOT claim him IF he provides MORE than half his own support.

    He just files his tax return, quickly as he receives his W-2. If they file first, his efile will be rejected, and he files a paper return stating that he is self-supporting and claiming his own exemption.

    Now why is it any of your business whether his parents claim him or not, IF he doesn't even make enough to have to file a return, and why is the principle of the thing your concern????

    Source(s): tax pro
  • Judy
    Lv 7
    1 decade ago

    His being a full time student doesn't automatically mean they can claim him - he also has to live with them over half the year, and if he provides over half of his own support they can't claim him.

    If they don't meet those rules, then he can file his own return and claim himself, then he and his parents would be asked to prove that they are the one with the right to the exemption. If his parents don't meet the rules to claim him, their claim would be disallowed and they'd have to pay back the money they got from claiming him. Note that if he lives with them, his share of the cost of the household (rent, utilities, food) are part of their contribution to his support.

  • Anonymous
    1 decade ago

    He needs to file his return VIA HARDCOPY (paper return, not an e-file) claiming himself. The IRS will then ask both parties that claimed him to justify their claims.

  • 1 decade ago

    This is his decision. You would be wise to stay clear.

    If he decides he wants to claim himself, he should e-file his tax return as soon as he gets his W-2, which will hopefully before his parents file.

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