Taxpayer asks:
If I pay my son’s huge medical expenses can he deduct same as if he paid them himself?
Thanks for your reply.
Taxgirl says:
Sorry, no. Your son may not claim a deduction for medical expenses that he did not pay.
However, you might be able to claim a deduction for paying those expenses, depending upon the nature of your relationship with your son.
In addition to expense paid for your spouse, you may be able to claim medical expenses paid for your dependents. Dependents include your qualifying child and your qualifying relative.
A qualifying child is your son, daughter, stepchild, foster child, brother, sister, stepbrother, stepsister, or a descendant of any of them (for example, your grandchild, niece) who lived with you for more than half of the year; did not provide over half of his or her own support for the year and at the end of the year was (a) under age 19; (b) under age 24 and a full-time student, or (c) permanently and totally disabled.
A qualifying relative is a bit more complicated. More or less, include all of the relationships as outlined for a qualifying child – but not otherwise considered a qualifying child – then add your immediate family (siblings and parents), steps and in-laws and then the catch all “any other person (other than your spouse) who lived with you all year as a member of your household if your relationship did not violate local law” (the last bit is clearly a nod at politics at play). With a few exceptions (kidnapping, for one), you must have provided at least half of that person’s support for the year. Remember, that person must not file as independent on his or her own tax return.
Assuming your son meets any of that criteria, you can claim expenses that you paid for his medical care as a deduction. If not, you’re just a good dad taking care of his son. And kudos for that!
Like any good lawyer, I need to add a disclaimer: Unfortunately, it is impossible to give comprehensive tax advice over the internet, no matter how well researched or written. Before relying on any information given on this site, contact a tax professional to discuss your particular situation.
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Taxpayer asks:
my son gets ssi payments he has autisim, adhd, and asburgers disorder he is 19 years old now can he still get earned income the h&r block said he dont get it anymore let me know
Taxgirl says:
To claim the EIC you must meet certain income and filing criteria. In addition, if you claim EIC with a qualifying child, your child must meet three tests. The three tests are:
- Relationship;
- Age; and
- Residency.
To meet the first test, the Relationship Test, a child must be your: natural child, legally adopted child, stepchild, foster child, or descendant of any of them (such as your grandchild) or the sibling, half sibling, step sibling, or descendant of any of them (for example, your niece or nephew).
To meet the second test, the Age Test, your child must be: under age 19 at the end of 2008, under age 24 at the end of 2008 and a student, or permanently and totally disabled at any time during 2008, regardless of age.
To meet the third test, the Residency Test, your child must have lived with you in the United States for more than half of 2008.
Assuming that you meet the other income and filing criteria, the problem likely does stem from your son’s age. I’m guessing, from your question, that your child turned 19 in 2008 as opposed to in 2009. If that is the case, he wouldn’t qualify under the Age Test.
This sounds a situation where some tax planning would benefit you. I would strongly suggest that you contact a tax professional who can look at your overall situation and make some recommendations as to the best plan moving forward. Good luck!
Like any good lawyer, I need to add a disclaimer: Unfortunately, it is impossible to give comprehensive tax advice over the internet, no matter how well researched or written. Before relying on any information given on this site, contact a tax professional to discuss your particular situation.
Have a question? Ask the taxgirl! – Now on Facebook!
Taxpayer asks:
We claimed our son last year on our taxes. Born April 1989. We have a daughter who is 16. We recieved $1500 stimulus check. None for our son and he didn’t get one for himself either. Should he have? Thank you.
Taxgirl says:
Sorry, no. Eligible taxpayers received an additional $300 for each qualifying child. However, to qualify a child must be under age 17 as of December 31, 2007. So, if you claimed your (then) 18 year old son on your return, he would not have qualified to receive a check on his own as your dependent – and you would have not received a payment for him because of his age.
I know, I know. I’ve heard a bunch of complaints about this one…
Like any good lawyer, I need to add a disclaimer: Unfortunately, it is impossible to give comprehensive tax advice over the internet, no matter how well researched or written. Before relying on any information given on this site, contact a tax professional to discuss your particular situation.
Have a question? Ask the taxgirl!
