Userid: CPM Schema: tipx Leadpct: 100% Pt. size: 8 Draft Ok to Print AH XSL/XML Fileid: … tions/p501/2023/a/xml/cycle05/source (Init. & Date) _______ Page 1 of 30 6:05 - 3-Jan-2024 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. Publication 501 Cat. No. 15000U Contents What's New . . . . . . . . . . . . . . . . . . 1 Department of the Dependents, Reminders . . . . . . . . . . . . . . . . . . . 1 Treasury Internal Introduction . . . . . . . . . . . . . . . . . . 2 Revenue Standard Service Who Must File . . . . . . . . . . . . . . . . . 2 Deduction, Who Should File . . . . . . . . . . . . . . . 5 Filing Status . . . . . . . . . . . . . . . . . . 5 and Filing Dependents . . . . . . . . . . . . . . . . . 11 Information Social Security Numbers (SSNs) for Dependents . . . . . . . . . . . . . . 22 Standard Deduction . . . . . . . . . . . . 22 For use in preparing 2023 Standard Deduction Tables . . . . 24 Returns How To Get Tax Help . . . . . . . . . . . . 26 2023 Index . . . . . . . . . . . . . . . . . . . . . 29 What's New Who must file. In some cases, the amount of income you can receive before you must file a tax return has increased. Table 1 shows the fil- ing requirements for most taxpayers. Standard deduction increased. The stand- ard deduction for taxpayers who don't itemize their deductions on Schedule A (Form 1040) is higher for 2023 than it was for 2022. The amount depends on your filing status. You can use the 2023 Standard Deduction Tables near the end of this publication to figure your stand- ard deduction. Reminders Future developments. Information about any future developments affecting Pub. 501 (such as legislation enacted after we release it) will be posted at IRS.gov/Pub501. Taxpayer identification number for aliens. If you are a nonresident or resident alien and you don't have and aren't eligible to get a social se- curity number (SSN), you must apply for an indi- vidual taxpayer identification number (ITIN). Your spouse may also need an ITIN if your spouse doesn't have and isn't eligible to get an SSN. See Form W-7, Application for IRS Indi- vidual Taxpayer Identification Number. Also see Social Security Numbers (SSNs) for Depend- ents, later. Photographs of missing children. The Inter- nal Revenue Service is a proud partner with the National Center for Missing & Exploited Children® (NCMEC). Photographs of missing children selected by the Center may appear in Get forms and other information faster and easier at: this publication on pages that would otherwise • IRS.gov (English) • IRS.gov/Korean (한국어) be blank. You can help bring these children • IRS.gov/Spanish (Español) • IRS.gov/Russian (Pусский) home by looking at the photographs and calling • IRS.gov/Chinese (中文) • IRS.gov/Vietnamese (Tiếng Việt) 1-800-THE-LOST (1-800-843-5678) if you rec- ognize a child. Jan 2, 2024 |
Page 2 of 30 Fileid: … tions/p501/2023/a/xml/cycle05/source 6:05 - 3-Jan-2024 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. Table 1. 2023 Filing Requirements Chart for Most Taxpayers You can send us comments through IRS.gov/FormComments. Or, you can write to THEN file a return the Internal Revenue Service, Tax Forms and Publications, 1111 Constitution Ave. NW, if your gross IR-6526, Washington, DC 20224. AND at the end of 2023 you income was at Although we can’t respond individually to IF your filing status is... were...* least...** each comment received, we do appreciate your single under 65 $13,850 feedback and will consider your comments and suggestions as we revise our tax forms, instruc- 65 or older $15,700 tions, and publications. Don’t send tax ques- head of household under 65 $20,800 tions, tax returns, or payments to the above ad- dress. 65 or older $22,650 Getting answers to your tax questions. married filing jointly*** under 65 (both spouses) $27,700 If you have a tax question not answered by this publication or the How To Get Tax Help section 65 or older (one spouse) $29,200 at the end of this publication, go to the IRS In- 65 or older (both spouses) $30,700 teractive Tax Assistant page at IRS.gov/ Help/ITA where you can find topics by using the married filing separately any age $5 search feature or viewing the categories listed. qualifying surviving spouse under 65 $27,700 Getting tax forms, instructions, and pub- 65 or older $29,200 lications. Go to IRS.gov/Forms to download current and prior-year forms, instructions, and * If you were born before January 2, 1959, you're considered to be 65 or older at the publications. end of 2023. (If your spouse died in 2023, see Death of spouse, later. If you're preparing a return for someone who died in 2023, see Death of taxpayer, later.) Ordering tax forms, instructions, and publications. Go to IRS.gov/OrderForms to or- ** Gross income means all income you receive in the form of money, goods, der current forms, instructions, and publica- property, and services that isn't exempt from tax, including any income from sources tions; call 800-829-3676 to order prior-year outside the United States or from the sale of your main home (even if you can exclude forms and instructions. The IRS will process part or all of it). Don't include any social security benefits unless (a) you're married your order for forms and publications as soon as possible. Don’t resubmit requests you’ve al- filing a separate return and you lived with your spouse at any time during 2023, or (b) ready sent us. You can get forms and publica- one-half of your social security benefits plus your other gross income and any tions faster online. tax-exempt interest is more than $25,000 ($32,000 if married filing jointly). If (a) or (b) applies, see the Form 1040 and 1040-SR instructions to figure the taxable part of Useful Items social security benefits you must include in gross income. Gross income includes You may want to see: gains, but not losses, reported on Form 8949 or Schedule D. Gross income from a business means, for example, the amount on Schedule C, line 7; or Schedule F, line 9. Publication But in figuring gross income, don't reduce your income by any losses, including any 559 559 Survivors, Executors, and loss on Schedule C, line 7; or Schedule F, line 9. Administrators *** If you didn't live with your spouse at the end of 2023 (or on the date your spouse Form (and Instructions) died) and your gross income was at least $5, you must file a return regardless of your 1040-X 1040-X Amended U.S. Individual Income age. Tax Return 2848 Standard Deduction gives the rules and dol- 2848 Power of Attorney and Declaration Introduction lar amounts for the standard deduction—a ben- of Representative efit for taxpayers who don't itemize their deduc- 8332 8332 Release/Revocation of Release of This publication discusses some tax rules that tions. This section also discusses the standard Claim to Exemption for Child by affect every person who may have to file a fed- deduction for taxpayers who are blind or age 65 Custodial Parent eral income tax return. It answers some basic or older, as well as special rules that limit the 8814 8814 Parents' Election To Report Child's questions: who must file, who should file, what standard deduction available to dependents. In Interest and Dividends filing status to use, and the amount of the stand- addition, this section helps you decide whether ard deduction. you would be better off taking the standard de- Who Must File explains who must file an in- duction or itemizing your deductions. Who Must File come tax return. If you have little or no gross in- How To Get Tax Help explains how to get tax come, reading this section will help you decide help from the IRS. If you are a U.S. citizen or resident alien, if you have to file a return. This publication is for U.S. citizens and resi- whether you must file a federal income tax re- Who Should File helps you decide if you dent aliens only. If you are a resident alien for turn depends on your gross income, your filing should file a return, even if you aren't required to the entire year, you must follow the same tax status, your age, and whether you are a de- do so. rules that apply to U.S. citizens. The rules to de- pendent. For details, see Table 1 and Table 2. Filing Status helps you determine which fil- termine if you are a resident or nonresident You must also file if one of the situations descri- ing status to use. Filing status is important in alien are discussed in chapter 1 of Pub. 519. bed in Table 3 applies. The filing requirements determining whether you must file a return and whether you may claim certain deductions and Nonresident aliens. If you were a nonresident apply even if you owe no tax. credits. It also helps determine your standard alien at any time during the year, the rules and You may have to pay a penalty if you are re- deduction and tax rate. tax forms that apply to you may be different from quired to file a return but fail to do so. If you will- Dependents explains the difference be- those that apply to U.S. citizens. See Pub. 519. fully fail to file a return, you may be subject to tween a qualifying child and a qualifying rela- criminal prosecution. tive. Other topics include the SSN requirement Comments and suggestions. We welcome for dependents, the rules for multiple support your comments about this publication and sug- Gross income. Gross income is all income agreements, and the rules for divorced or sepa- gestions for future editions. you receive in the form of money, goods, prop- rated parents. erty, and services that isn't exempt from tax. If 2 Publication 501 (2023) |
Page 3 of 30 Fileid: … tions/p501/2023/a/xml/cycle05/source 6:05 - 3-Jan-2024 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. you are married and live with your spouse in a Death of taxpayer. If you are preparing a re- parent or guardian must sign the child's name community property state, half of any income turn for someone who died in 2023, read this followed by the words “By (your signature), pa- defined by state law as community income may before using Table 1 or Table 2. Consider the rent for minor child.” be considered yours. For a list of community taxpayer to be 65 or older at the end of 2023 property states, see Community property states only if the taxpayer was 65 or older at the time Earned income. Earned income includes sal- under Married Filing Separately, later. of death. Even if the taxpayer was born before aries, wages, professional fees, and other January 2, 1959, the taxpayer isn't considered amounts received as pay for work you actually Self-employed persons. If you are 65 or older at the end of 2023 unless the tax- perform. Earned income (only for purposes of self-employed in a business that provides serv- payer was 65 or older at the time of death. filing requirements and the standard deduction) ices (where products aren't a factor), your gross A person is considered to reach age 65 on also includes any part of a taxable scholarship. income from that business is the gross receipts. the day before the person’s 65th birthday. See chapter 1 of Pub. 970 for more information If you are self-employed in a business involving on taxable and nontaxable scholarships. manufacturing, merchandising, or mining, your gross income from that business is the total Child's earnings. Amounts a child earns sales minus the cost of goods sold. In either U.S. Citizens or Resident Aliens by performing services are included in the case, you must add any income from invest- Living Abroad child’s gross income and not the gross income ments and from incidental or outside operations of the parent. This is true even if under local law or sources. To determine whether you must file a return, in- the child's parent has the right to the earnings clude in your gross income any income you and may actually have received them. But if the Filing status. Your filing status generally de- earned or received abroad, including any in- child doesn't pay the tax due on this income, the pends on whether you are single or married. come you can exclude under the foreign earned parent is liable for the tax. Whether you are single or married is deter- income exclusion. For more information on spe- mined at the end of your tax year, which is De- cial tax rules that may apply to you, see Pub. Unearned income. Unearned income includes cember 31 for most taxpayers. Filing status is 54. income such as interest, dividends, and capital discussed in detail later in this publication. gains. Trust distributions of interest, dividends, Residents of Puerto Rico capital gains, and survivor annuities are also Age. Age is a factor in determining if you must considered unearned income. file a return only if you are 65 or older at the end If you are a U.S. citizen and also a bona fide of your tax year. For 2023, you are 65 or older if resident of Puerto Rico, you must generally file Election to report child's unearned income you were born before January 2, 1959. a U.S. income tax return for any year in which on parent's return. You may be able to in- you meet the income requirements. This is in clude your child's interest and dividend income Filing Requirements for Most addition to any legal requirement you may have on your tax return. If you do this, your child won't to file an income tax return with Puerto Rico. have to file a return. To make this election, all of Taxpayers the following conditions must be met. If you are a bona fide resident of Puerto Rico • Your child was under age 19 (or under age You must file a return if your gross income for for the whole year, your U.S. gross income 24 if a student) at the end of 2023. (A child the year was at least the amount shown on the doesn't include income from sources within Pu- born on January 1, 2005, is considered to appropriate line in Table 1. Dependents should erto Rico. It does, however, include any income be age 19 at the end of 2023; you can't see Table 2 instead. you received for your services as an employee make the election for this child unless the of the United States or any U.S. agency. If you child was a student. Similarly, a child born Deceased Persons receive income from Puerto Rican sources that on January 1, 2000, is considered to be isn't subject to U.S. tax, you must reduce your age 24 at the end of 2023; you can't make You must file an income tax return for a dece- standard deduction, which reduces the amount the election for this child.) dent (a person who died) if both of the following of income you can have before you must file a • Your child had gross income only from in- are true. U.S. income tax return. terest and dividends (including capital gain distributions and Alaska Permanent Fund 1. Your spouse died, or you are the executor, dividends). administrator, or legal representative. For more information, see Pub. 570. • The interest and dividend income was less 2. The decedent met the filing requirements than $12,500. described in this publication at the time of Individuals With Income From U.S. • Your child is required to file a return for the decedent’s death. Territories 2023 unless you make this election. For more information, see Final Income Tax If you had income from Guam, the Common- • Your child doesn't file a joint return for Return for Decedent—Form 1040 or 1040-SR in wealth of the Northern Mariana Islands, Ameri- 2023. Pub. 559. can Samoa, or the U.S. Virgin Islands, special • No estimated tax payment was made for rules may apply when determining whether you 2023 and no 2022 overpayment was ap- Death of spouse. If your spouse died in 2023, must file a U.S. federal income tax return. In ad- plied to 2023 under your child's name and read this before using Table 1 or Table 2 to find dition, you may have to file a return with the indi- SSN. whether you must file a 2023 return. Consider vidual territory government. See Pub. 570 for • No federal income tax was withheld from your spouse to be 65 or older at the end of 2023 more information. your child's income under the backup with- holding rules. only if your spouse was 65 or older at the time • You are the parent whose return must be of death. Even if your spouse was born before Dependents used when making the election to report January 2, 1959, your spouse isn't considered your child's unearned income. 65 or older at the end of 2023 unless your A person who is a dependent may still have to For more information, see Form 8814, Pa- spouse was 65 or older at the time of death. file a return. It depends on the person’s earned rents’ Election To Report Child’s Interest and A person is considered to reach age 65 on income, unearned income, and gross income. Dividends, and its instructions. the day before the person’s 65th birthday. For details, see Table 2. A dependent must also file if one of the situations described in Table 3 Example. Your spouse was born on Febru- applies. Other Situations ary 14, 1958, and died on February 13, 2023. Your spouse is considered age 65 at the time of Responsibility of parent. If a dependent child You may have to file a tax return even if your death. However, if your spouse died on Febru- must file an income tax return but can't file due gross income is less than the amount shown in ary 12, 2023, your spouse isn't considered age to age or any other reason, a parent, guardian, Table 1 or Table 2 for your filing status. See Ta- 65 at the time of death and is not 65 or older at or other legally responsible person must file it ble 3 for those other situations when you must the end of 2023. for the child. If the child can't sign the return, the file. Publication 501 (2023) 3 |
Page 4 of 30 Fileid: … tions/p501/2023/a/xml/cycle05/source 6:05 - 3-Jan-2024 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. Table 2. 2023 Filing Requirements for Dependents See Dependents to find out if you are a dependent. If your parent (or someone else) can claim you as a dependent, use this table to see if you must file a return. In this table, unearned income includes taxable interest, ordinary dividends, and capital gain distributions. It also includes unemployment compensation, taxable social security benefits, pensions, annuities, and distributions of unearned income from a trust. Earned income includes salaries, wages, tips, professional fees, and taxable scholarship and fellowship grants. Gross income is the total of your unearned and earned income. If your gross income was $4,700 or more, you usually can't be claimed as a dependent unless you are a qualifying child. CAUTION! For details, see Dependents. Single dependents—Were you either age 65 or older or blind? No. You must file a return if any of the following apply. 1. Your unearned income was more than $1,250. 2. Your earned income was more than $13,850. 3. Your gross income was more than the larger of: a. $1,250, or b. Your earned income (up to $13,450) plus $400. Yes. You must file a return if any of the following apply. 1. Your unearned income was more than $3,100 ($4,950 if 65 or older and blind). 2. Your earned income was more than $15,700 ($17,550 if 65 or older and blind). 3. Your gross income was more than the larger of: a. $3,100 ($4,950 if 65 or older and blind), or b. Your earned income (up to $13,450) plus $2,250 ($4,100 if 65 or older and blind). Married dependents—Were you either age 65 or older or blind? No. You must file a return if any of the following apply. 1. Your gross income was at least $5 and your spouse files a separate return and itemizes deductions. 2. Your unearned income was more than $1,250. 3. Your earned income was more than $13,850. 4. Your gross income was more than the larger of: a. $1,250, or b. Your earned income (up to $13,450) plus $400. Yes. You must file a return if any of the following apply. 1. Your gross income was at least $5 and your spouse files a separate return and itemizes deductions. 2. Your unearned income was more than $2,750 ($4,250 if 65 or older and blind). 3. Your earned income was more than $15,350 ($16,850 if 65 or older and blind). 4. Your gross income was more than the larger of: a. $2,750 ($4,250 if 65 or older and blind), or b. Your earned income (up to $13,450) plus $1,900 ($3,400 if 65 or older and blind). 4 Publication 501 (2023) |
Page 5 of 30 Fileid: … tions/p501/2023/a/xml/cycle05/source 6:05 - 3-Jan-2024 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. Table 3. Other Situations When You Must File a 2023 Return You must file a return if any of the conditions below apply. 1. You owe any special taxes reported on Schedule 2 (Form 1040), including any of the following. (See the instructions for Schedule 2 (Form 1040).) a. Alternative minimum tax. b. Additional tax on a qualified plan, including an individual retirement arrangement (IRA), or other tax-favored account. c. Social security or Medicare tax on tips you didn't report to your employer or on wages you received from an employer who didn't withhold these taxes. d. Uncollected social security, Medicare, or railroad retirement tax on tips you reported to your employer or on group-term life insurance and additional taxes on health savings accounts. e. Household employment taxes. f. Recapture taxes. 2. You (or your spouse if filing jointly) received Archer MSA, Medicare Advantage MSA, or health savings account distributions. 3. You had net earnings from self-employment of at least $400. 4. You had wages of $108.28 or more from a church or qualified church-controlled organization that is exempt from employer social security and Medicare taxes. 5. Advance payments of the premium tax credit were made for you, your spouse, or a dependent who enrolled in coverage through the Health Insurance Marketplace. You or whoever enrolled you should have received Form(s) 1095-A showing the amount of the advance payments. 6. You are required to include amounts in income under section 965 or you have a net tax liability under section 965 that you are paying in installments under section 965(h) or deferred by making an election under section 965(i). • The amount in box 1d of Form 1099-B (or Marital Status substitute statement), when added to your Who Should File other gross income, means you have to file In general, your filing status depends on a tax return because of the filing require- whether you are considered unmarried or mar- Even if you don't have to file, you should file a ment in Table 1 or Table 2 that applies to ried. tax return if you can get money back. For exam- you. ple, you should file if one of the following ap- • Box 1e of Form 1099-B (or substitute state- Unmarried persons. You are considered un- plies. ment) is blank. married for the whole year if, on the last day of 1. You had income tax withheld from your In this case, filing a return may keep you from your tax year, you are either: pay. getting a notice from the IRS. • Unmarried, or 2. You made estimated tax payments for the • Legally separated from your spouse under a divorce or separate maintenance decree. year or had any of your overpayment for last year applied to this year's estimated Filing Status State law governs whether you are married tax. or legally separated under a divorce or separate You must determine your filing status before you maintenance decree. 3. You qualify for the earned income credit. can determine whether you must file a tax re- See Pub. 596 for more information. turn, your standard deduction (discussed later), Divorced persons. If you are divorced un- 4. You qualify for the additional child tax and your tax. You also use your filing status to der a final decree by the last day of the year, credit. See the Instructions for Form 1040 determine whether you are eligible to claim cer- you are considered unmarried for the whole for more information. tain other deductions and credits. year. 5. You qualify for the refundable American There are five filing statuses. Divorce and remarriage. If you obtain a opportunity credit. See Form 8863. • Single. divorce for the sole purpose of filing tax returns 6. You qualify for the credit for federal tax on • Married filing jointly. as unmarried individuals, and at the time of di- fuels. See Form 4136. • Married filing separately. vorce you intend to and do, in fact, remarry • Head of household. each other in the next tax year, you and your 7. You qualify for the premium tax credit. See • Qualifying surviving spouse. spouse must file as married individuals in both years. Form 8962. If more than one filing status applies to you, choose the one that will give you the lowest tax. Annulled marriages. If you obtain a court Form 1099-B received. Even if you aren't re- decree of annulment, which holds that no valid quired to file a return, you should consider filing marriage ever existed, you are considered un- if all of the following apply. married even if you filed joint returns for earlier • You received a Form 1099-B, Proceeds years. File amended returns (Form(s) 1040-X) From Broker and Barter Exchange Trans- claiming single or head of household status for actions (or substitute statement). all tax years that are affected by the annulment Publication 501 (2023) 5 |
Page 6 of 30 Fileid: … tions/p501/2023/a/xml/cycle05/source 6:05 - 3-Jan-2024 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. and not closed by the statute of limitations for before January 1, 2023, and you didn't remarry and any interest or penalty due on your joint re- filing a tax return. Generally, for a credit or re- before the end of 2023. You may, however, be turn. This means that if one spouse doesn't pay fund, you must file Form(s) 1040-X within 3 able to use another filing status that will give the tax due, the other may have to. Or, if one years (including extensions) after the date you you a lower tax. See Head of Household and spouse doesn't report the correct tax, both filed your original return or within 2 years after Qualifying Surviving Spouse, later, to see if you spouses may be responsible for any additional the date you paid the tax, whichever is later. If qualify. taxes assessed by the IRS. One spouse may be you filed your original tax return early (for exam- On Form 1040 or 1040-SR, show your filing held responsible for all the tax due even if all the ple, March 1), your return is considered filed on status as single by checking the “Single” box on income was earned by the other spouse. the due date (generally April 15). However, if the Filing Status line near the top of the form. You may want to file separately if: you had an extension to file (for example, until Use the Single column of the Tax Table, or Sec- • You believe your spouse isn't reporting all October 15) but you filed earlier and we re- tion A of the Tax Computation Worksheet, to fig- of their income, or ceived it on July 1, your return is considered ure your tax. • You don't want to be responsible for any filed on July 1. taxes due if your spouse doesn't have enough tax withheld or doesn't pay enough Head of household or qualifying surviv- Married Filing Jointly estimated tax. ing spouse. If you are considered unmarried, you may be able to file as head of household or You can choose married filing jointly as your fil- Divorced taxpayer. You may be held jointly as a qualifying surviving spouse. See Head of ing status if you are considered married and and individually responsible for any tax, interest, Household and Qualifying Surviving Spouse, both you and your spouse agree to file a joint re- and penalties due on a joint return filed before later, to see if you qualify. turn. On a joint return, you and your spouse re- your divorce. This responsibility may apply even port your combined income and deduct your if your divorce decree states that your former Married persons. If you are considered mar- combined allowable expenses. You can file a spouse will be responsible for any amounts due ried, you and your spouse can file a joint return joint return even if one of you had no income or on previously filed joint returns. or separate returns. deductions. Relief from joint responsibility. In some Considered married. You are considered If you and your spouse decide to file a joint cases, one spouse may be relieved of joint re- married for the whole year if, on the last day of return, your tax may be lower than your com- sponsibility for tax, interest, and penalties on a your tax year, you and your spouse meet any bined tax for the other filing statuses. Also, your joint return for items of the other spouse that one of the following tests. standard deduction (if you don't itemize deduc- were incorrectly reported on the joint return. You tions) may be higher, and you may qualify for can ask for relief no matter how small the liabil- 1. You are married and living together. tax benefits that don't apply to other filing sta- ity. 2. You are living together in a common law tuses. There are three types of relief available. marriage recognized in the state where On Form 1040 or 1040-SR, show your filing you now live or in the state where the com- status as married filing jointly by checking the 1. Innocent spouse relief. mon law marriage began. “Married filing jointly” box on the Filing Status 2. Separation of liability (available only to 3. You are married and living apart but not le- line near the top of the form. Use the Married fil- joint filers whose spouse has died, or who gally separated under a decree of divorce ing jointly column of the Tax Table, or Section B are divorced, who are legally separated, or or separate maintenance. of the Tax Computation Worksheet, to figure who haven't lived together for the 12 your tax. months ending on the date the election for 4. You are separated under an interlocutory this relief is filed). (not final) decree of divorce. If you and your spouse each have in- TIP come, you may want to figure your tax 3. Equitable relief. Spouse died during the year. If your both on a joint return and on separate spouse died during the year, you are consid- returns (using the filing status of married filing You must file Form 8857, Request for Inno- ered married for the whole year for filing status separately). You can choose the method that cent Spouse Relief, to request relief from joint purposes. gives the two of you the lower combined tax un- responsibility. Pub. 971 explains the kinds of re- If you didn't remarry before the end of the less you are required to file separately. lief and who may qualify for them. tax year, you can file a joint return for yourself Signing a joint return. For a return to be con- and your deceased spouse. For the next 2 Spouse died. If your spouse died during the sidered a joint return, both spouses must gener- years, you may be entitled to the special bene- year, you are considered married for the whole ally sign the return. fits described later under Qualifying Surviving year and can choose married filing jointly as Spouse. your filing status. See Spouse died during the Spouse died before signing. If your If you remarried before the end of the tax year under Married persons, earlier. spouse died before signing the return, the exec- year, you can file a joint return with your new If your spouse died in 2024 before filing a utor or administrator must sign the return for spouse. Your deceased spouse's filing status is 2023 return, you can choose married filing your spouse. If neither you nor anyone else has married filing separately for that year. jointly as your filing status on your 2023 return. been appointed as executor or administrator, Married persons living apart. If you live you can sign the return for your spouse and en- apart from your spouse and meet certain tests, Divorced persons. If you are divorced under a ter “Filing as surviving spouse” in the area you may be able to file as head of household final decree by the last day of the year, you are where you sign the return. even if you aren't divorced or legally separated. considered unmarried for the whole year and Spouse away from home. If your spouse If you qualify to file as head of household in- you can't choose married filing jointly as your fil- is away from home, you should prepare the re- stead of as married filing separately, your stand- ing status. turn, sign it, and send it to your spouse to sign ard deduction will be higher and your tax may so it can be filed on time. be lower. See Head of Household, later. Filing a Joint Return Injury or disease prevents signing. If Both you and your spouse must include all of your spouse can't sign because of injury or dis- Single your income and deductions on your joint re- ease and tells you to sign for them, you can sign turn. your spouse's name in the proper space on the Your filing status is single if you are considered return followed by the words “By (your name), unmarried and you don't qualify for another fil- Accounting period. Both of you must use the Spouse.” Be sure to sign in the space provided ing status. To determine your marital status, see same accounting period, but you can use differ- for your signature. Attach a dated statement, Marital Status, earlier. ent accounting methods. signed by you, to the return. The statement should include the form number of the return Spouse died before January 1, 2023. Your Joint responsibility. Both of you may be held you are filing, the tax year, and the reason your filing status may be single if your spouse died responsible, jointly and individually, for the tax 6 Publication 501 (2023) |
Page 7 of 30 Fileid: … tions/p501/2023/a/xml/cycle05/source 6:05 - 3-Jan-2024 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. spouse can't sign, and it should state that your are required to file separately, you should figure b. You must include in income a greater spouse has agreed to your signing for them. your tax both ways (on a joint return and on sep- percentage (up to 85%) of any social arate returns). This way, you can make sure you security or equivalent railroad retire- Signing as guardian of spouse. If you are are using the filing status that results in the low- ment benefits you received. the guardian of your spouse who is mentally in- est combined tax. When figuring the combined 9. The following credits and deductions are competent, you can sign the return for your tax of a married couple, you may want to con- reduced at income levels half those for a spouse as guardian. sider state taxes as well as federal taxes. joint return. Spouse in combat zone. You can sign a joint return for your spouse if your spouse can't How to file. If you file a separate return, you a. The child tax credit and the credit for sign because they are serving in a combat zone generally report only your own income, credits, other dependents. (such as the Persian Gulf area, Serbia, Monte- and deductions. b. The retirement savings contributions negro, Albania, or Afghanistan), even if you Select this filing status by checking the credit. don't have a power of attorney or other state- “Married filing separately” box on the Filing Sta- ment. Attach a signed statement to your return tus line near the top of Form 1040 or 1040-SR. 10. Your capital loss deduction limit is $1,500 explaining that your spouse is serving in a com- Enter your spouse's full name in the entry space (instead of $3,000 on a joint return). bat zone. For more information on special tax at the bottom of the Filing Status section and 11. If your spouse itemizes deductions, you rules for persons who are serving in a combat enter your spouse's SSN or ITIN in the space can't claim the standard deduction. If you zone, or who are in missing status as a result of for spouse's SSN on Form 1040 or 1040-SR. If can claim the standard deduction, your ba- serving in a combat zone, see Pub. 3, Armed your spouse doesn't have and isn't required to sic standard deduction is half the amount Forces' Tax Guide. have an SSN or ITIN, enter “NRA” in the entry allowed on a joint return. Power of attorney (POA). In order for you space below the filing status checkboxes. For to sign a return for your spouse in any of these electronic filing, enter the spouse's name or There are special rules that allow a cases, you must attach to the return a POA that “NRA” if the spouse doesn't have an SSN or TIP separated spouse to claim the earned authorizes you to sign for your spouse. You can ITIN in the entry space below the filing status income credit under certain circum- use a POA that states that you have been gran- checkboxes. Use the Married filing separately stances. See the line 27 instructions in the In- ted authority to sign the return, or you can use column of the Tax Table, or Section C of the Tax structions for Form 1040 and Schedule EIC Form 2848. Part I of Form 2848 must state that Computation Worksheet, to figure your tax. (Form 1040) to see if you meet the qualifica- tions to claim the earned income credit even you are granted authority to sign the return. though you are married and don’t file a joint re- Special Rules turn. Nonresident alien or dual-status alien. Gen- erally, a married couple can't file a joint return if If you choose married filing separately as your either one is a nonresident alien at any time dur- filing status, the following special rules apply. Adjusted gross income (AGI) limits. If your ing the tax year. However, if one spouse was a Because of these special rules, you usually pay AGI on a separate return is lower than it would nonresident alien or dual-status alien who was more tax on a separate return than if you use have been on a joint return, you may be able to married to a U.S. citizen or resident alien at the another filing status you qualify for. deduct a larger amount for certain deductions that are limited by AGI, such as medical expen- end of the year, the spouses can choose to file 1. Your tax rate is generally higher than on a ses. a joint return. If you do file a joint return, you and joint return. your spouse are both treated as U.S. residents for the entire tax year. See chapter 1 of Pub. 2. Your exemption amount for figuring the al- Individual retirement arrangements (IRAs). 519. ternative minimum tax is half that allowed You may not be able to deduct all or part of your on a joint return. contributions to a traditional IRA if you or your spouse was covered by an employee retirement Married Filing Separately 3. You can't take the credit for child and de- plan at work during the year. Your deduction is pendent care expenses in most cases, reduced or eliminated if your income is more You can choose married filing separately as and the amount you can exclude from in- than a certain amount. This amount is much your filing status if you are married. This filing come under an employer's dependent lower for married individuals who file separately status may benefit you if you want to be respon- care assistance program is limited to and lived together at any time during the year. sible only for your own tax or if it results in less $2,500 (instead of $5,000 on a joint re- For more information, see How Much Can You tax than filing a joint return. turn). However, if you are legally separated Deduct? in chapter 1 of Pub. 590-A. or living apart from your spouse, you may If you and your spouse don't agree to file a be able to file a separate return and still Rental activity losses. If you actively partici- joint return, you must use this filing status un- take the credit. See What’s Your Filing Sta- pated in a passive rental real estate activity that less you qualify for head of household status, tus? in Pub. 503, Child and Dependent produced a loss, you can generally deduct the discussed later. Care Expenses, for more information. loss from your nonpassive income up to You may be able to choose head of house- 4. You can't take the earned income credit $25,000. This is called a special allowance. hold filing status if you are considered unmar- unless you have a qualifying child and However, married persons filing separate re- ried because you live apart from your spouse meet certain other requirements. turns who lived together at any time during the year can't claim this special allowance. Married and meet certain tests (explained later under 5. You can't take the exclusion or credit for persons filing separate returns who lived apart Head of Household). This can apply to you adoption expenses in most cases. at all times during the year are each allowed a even if you aren't divorced or legally separated. If you qualify to file as head of household, in- 6. You can't take the education credits (the $12,500 maximum special allowance for losses stead of as married filing separately, your tax American opportunity credit and lifetime from passive real estate activities. See Rental may be lower, you may be able to claim certain learning credit), or the deduction for stu- Activities in Pub. 925, Passive Activity and tax benefits, and your standard deduction will dent loan interest. At-Risk Rules. be higher. The head of household filing status 7. You can't exclude any interest income from Community property states. Community allows you to choose the standard deduction qualified U.S. savings bonds you used for property states include Arizona, California, even if your spouse chooses to itemize deduc- higher education expenses. Idaho, Louisiana, Nevada, New Mexico, Texas, tions. See Head of Household, later, for more Washington, and Wisconsin. If you live in a information. 8. If you lived with your spouse at any time during the tax year: community property state and file separately, You will generally pay more combined your income may be considered separate in- TIP tax on separate returns than you would a. You can't claim the credit for the eld- come or community income for income tax pur- on a joint return for the reasons listed erly or the disabled, and poses. See Pub. 555. under Special Rules, later. However, unless you Publication 501 (2023) 7 |
Page 8 of 30 Fileid: … tions/p501/2023/a/xml/cycle05/source 6:05 - 3-Jan-2024 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. Joint Return After Separate Returns Worksheet 1. Cost of Keeping Up a Home Keep for Your Records You can change your filing status from a sepa- rate return to a joint return by filing an amended return using Form 1040-X. Amount You Total Paid Cost You can generally change to a joint return Property taxes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ $ any time within 3 years from the due date of the separate return or returns. This doesn't include Mortgage interest expense . . . . . . . . . . . . . . . . . . . . . . any extensions. A separate return includes a re- Rent . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . turn filed by you or your spouse claiming mar- Utility charges . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ried filing separately, single, or head of house- hold filing status. Repairs/maintenance . . . . . . . . . . . . . . . . . . . . . . . . . Property insurance . . . . . . . . . . . . . . . . . . . . . . . . . . . Separate Returns After Joint Food eaten in the home . . . . . . . . . . . . . . . . . . . . . . . . Return Other household expenses . . . . . . . . . . . . . . . . . . . . . Once you file a joint return, you can't choose to Totals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ $ file separate returns for that year after the due date of the return. Minus total amount you paid . . . . . . . . . . . . . . . . . . . ( ) Amount others paid . . . . . . . . . . . . . . . . . . . . . . . . . . $ Exception. A personal representative for a de- cedent can change from a joint return elected by the surviving spouse to a separate return for Note. TANF and other governmental payments. Under proposed Treasury regulations, if you received Temporary the decedent. The personal representative has Assistance to Needy Families (TANF) payments or other similar payments and used the payment to support 1 year from the due date (including extensions) another person, those payments are considered support you provided for that person, rather than support provided of the return to make the change. See Pub. 559 by the government or other third party. If the total amount you paid is more than the amount others paid, you meet for more information on filing income tax returns the requirement of paying more than half the cost of keeping up the home. for a decedent. Considered Unmarried not for other purposes, such as claiming the Head of Household EIC. Different tests apply depending on the tax To qualify for head of household status, you benefit you claim. You may be able to file as head of household if must be either unmarried or considered unmar- If you were considered married for part you meet all the following requirements. ried on the last day of the year. You are consid- ! of the year and lived in a community 1. You are unmarried or considered unmar- ered unmarried on the last day of the tax year if CAUTION property state (listed earlier under Mar- ried on the last day of the year. See Marital you meet all the following tests. ried Filing Separately), special rules may apply Status, earlier, and Considered Unmar- 1. You file a separate return. A separate re- in determining your income and expenses. See ried, later. turn includes a return claiming married fil- Pub. 555 for more information. 2. You paid more than half the cost of keep- ing separately, single, or head of house- ing up a home for the year. hold filing status. Nonresident alien spouse. You are consid- 3. A qualifying person lived with you in the 2. You paid more than half the cost of keep- ered unmarried for head of household purposes home for more than half the year (except ing up your home for the tax year. if your spouse was a nonresident alien at any time during the year and you don't choose to for temporary absences, such as school). 3. Your spouse didn't live in your home during treat your nonresident spouse as a resident However, if the qualifying person is your the last 6 months of the tax year. Your alien. However, your spouse isn't a qualifying dependent parent, your dependent parent spouse is considered to live in your home person for head of household purposes. You doesn't have to live with you. See Special even if your spouse is temporarily absent must have another qualifying person and meet rule for parent, later, under Qualifying Per- due to special circumstances. See Tempo- the other tests to be eligible to file as head of son. rary absences, later. household. If you qualify to file as head of house- 4. Your home was the main home of your Choice to treat spouse as resident. You TIP hold, your tax rate will usually be lower child, stepchild, or foster child for more are considered married if you choose to treat than the rates for single or married fil- than half the year. (See Home of qualifying your spouse as a resident alien. See chapter 1 ing separately. You will also receive a higher person, later, for rules applying to a child's of Pub. 519. standard deduction than if you file as single or birth, death, or temporary absence during married filing separately. the year.) Keeping Up a Home 5. You must be able to claim the child as a How to file. Indicate your choice of this filing dependent. However, you meet this test if To qualify for head of household status, you status by checking the “Head of household” box you can't claim the child as a dependent must pay more than half of the cost of keeping on the Filing Status line near the top of Form only because the noncustodial parent can up a home for the year. You can determine 1040 or 1040-SR. If the child who qualifies you claim the child using the rules described whether you paid more than half of the cost of for this filing status isn't claimed as your de- later in Children of divorced or separated keeping up a home by using Worksheet 1. pendent in the Dependents section of Form parents (or parents who live apart) under 1040 or 1040-SR, enter the child's name in the Qualifying Child or in Support Test for Chil- entry space at the bottom of the Filing Status dren of Divorced or Separated Parents (or Costs you include. Include in the cost of section. Use the Head of a household column Parents Who Live Apart) under Qualifying keeping up a home expenses such as rent, of the Tax Table, or Section D of the Tax Com- Relative. The general rules for claiming a mortgage interest, real estate taxes, insurance putation Worksheet, to figure your tax. child as a dependent are explained later on the home, repairs, utilities, and food eaten in under Dependents. the home. You may be considered unmarried for the Costs you don't include. Don't include the purpose of using head of household status but cost of clothing, education, medical treatment, 8 Publication 501 (2023) |
Page 9 of 30 Fileid: … tions/p501/2023/a/xml/cycle05/source 6:05 - 3-Jan-2024 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. vacations, life insurance, or transportation. Also (as defined in Table 4) must be one of the fol- 2. The year the child would have reached don't include the value of your services or those lowing. age 18. of a member of your household. • Your qualifying child or qualifying relative who lived with you for more than half the Qualifying Person part of the year they were alive. • Your parent for whom you paid, for the en- Qualifying Surviving Spouse See Table 4 to see who is a qualifying person. tire part of the year your parent was alive, Any person not described in Table 4 isn't a qual- more than half the cost of keeping up the If your spouse died in 2023, you can use mar- ifying person. home your parent lived in. ried filing jointly as your filing status for 2023 if you otherwise qualify to use that status. The Example 1—child. Your unmarried child Example. You are unmarried. Your parent, year of death is the last year for which you can lived with you all year and was 18 years old at who you claim as a dependent, lived in an file jointly with your deceased spouse. See Mar- the end of the year. Your child didn't provide apartment alone. Your parent died on Septem- ried Filing Jointly, earlier. more than half of their own support and doesn't ber 2. The cost of the upkeep of the apartment meet the tests to be a qualifying child of anyone for the year until your parent’s death was You may be eligible to use qualifying surviv- else. As a result, this child is your qualifying $6,000. You paid $4,000 and your sibling paid ing spouse as your filing status for 2 years fol- child (see Qualifying Child, later) and, because $2,000. Your sibling made no other payments lowing the year your spouse died. For example, this child is single, this is your qualifying person toward your parent’s support. Your parent had if your spouse died in 2022 and you haven't re- for head of household purposes. no income. Because you paid more than half of married, you may be able to use this filing status the cost of keeping up your parent’s apartment for 2023 and 2024. The rules for using this filing Example 2—child who isn't qualifying from January 1 until your parent’s death, and status are explained in detail here. person. The facts are the same as in Exam- you can claim your parent as a dependent, you This filing status entitles you to use joint re- ple 1, except your child was 25 years old at the can file as head of household. turn tax rates and the highest standard deduc- end of the year and your child’s gross income Temporary absences. You and your quali- tion amount (if you don't itemize deductions). It was $5,000. Because your child doesn't meet fying person are considered to live together doesn't entitle you to file a joint return. the age test (explained later under Qualifying even if one or both of you are temporarily ab- Child), your child isn't your qualifying child. Be- sent from your home due to special circumstan- How to file. Indicate your choice of this filing cause the child doesn't meet the gross income ces such as illness, education, business, vaca- status by checking the “Qualifying surviving test (explained later under Qualifying Relative), tion, military service, or detention in a juvenile spouse” box on the Filing Status line near the the child isn't your qualifying relative. As a re- facility. It must be reasonable to assume the ab- top of Form 1040 or 1040-SR. If the child who sult, this child isn't your qualifying person for sent person will return to the home after the qualifies you for this filing status isn’t claimed as head of household purposes. temporary absence. You must continue to keep your dependent in the Dependents section of up the home during the absence. Form 1040 or 1040-SR, enter the child’s name Example 3—your friend. Your friend lived in the entry space at the bottom of the Filing with you all year. Even though your friend may Adopted child or foster child. You may Status section. Use the Married filing jointly col- be your qualifying relative if the gross income be eligible to file as head of household if the umn of the Tax Table, or Section B of the Tax and support tests (explained later) are met, your person who qualifies you for this filing status Computation Worksheet, to figure your tax. friend isn't your qualifying person for head of was an adopted child or foster child and you household purposes because your friend isn't kept up a home for this person in 2023, the per- Eligibility rules. You are eligible to file your related to you in one of the ways listed under son was lawfully placed with you for legal adop- 2023 return as a qualifying surviving spouse if Relatives who don't have to live with you, later. tion by you in 2023, or the person was an eligi- you meet all the following tests. See Table 4. ble foster child placed with you during 2023. The person is considered to have lived with you 1. You were entitled to file a joint return with Example 4—friend's child. The facts are for more than half of 2023 if your main home your spouse for the year your spouse died. the same as in Example 3, except your friend's was this person's main home for more than half It doesn't matter whether you actually filed 10-year-old child also lived with you all year. the time since the child was adopted or placed a joint return. Your friend’s child isn't your qualifying child and, with you in 2023. 2. Your spouse died in 2021 or 2022 and you because the child is your friend's qualifying didn't remarry before the end of 2023. child, your friend’s child isn't your qualifying rel- Kidnapped child. You may be eligible to ative (see Not a Qualifying Child Test, later). As file as head of household even if the child who 3. You have a child or stepchild (not a foster a result, your friend’s child isn't your qualifying is your qualifying person has been kidnapped. child) whom you can claim as a dependent person for head of household purposes. You can claim head of household filing status if or could claim as a dependent except that, all the following statements are true. for 2023: Home of qualifying person. Generally, the 1. The child is presumed by law enforcement a. The child had gross income of $4,700 qualifying person must live with you for more authorities to have been kidnapped by or more, than half of the year. someone who isn't a member of your fam- b. The child filed a joint return, or Special rule for parent. If your qualifying ily or the child's family. c. You could be claimed as a dependent person is your parent, you may be eligible to file 2. In the year of the kidnapping, the child on someone else’s return. as head of household even if your parent lived with you for more than half the part of doesn't live with you. However, you must be the year before the kidnapping. If the child isn’t claimed as your de- able to claim your parent as a dependent. Also, pendent in the Dependents section on you must pay more than half the cost of keeping 3. In the year of the child’s return, the child up a home that was the main home for the en- lived with you for more than half the part of Form 1040 or 1040-SR, enter the child’s tire year for your parent. the year following the date of the child’s re- name in the entry space at the bottom of If you pay more than half the cost of keeping turn. the Filing Status section. If you don’t enter the name, it will take us longer to process your parent in a rest home or home for the eld- 4. You would have qualified for head of your return. erly, that counts as paying more than half the household filing status if the child hadn't cost of keeping up your parent's main home. been kidnapped. 4. This child lived in your home all year, ex- cept for temporary absences. See Tempo- Death or birth. You may be eligible to file This treatment applies for all years until the rary absences, earlier, under Head of as head of household even if the qualifying per- earlier of: Household. There are also exceptions, de- son who qualifies you for this filing status is born scribed later, for a child who was born or or dies during the year. To qualify you for head 1. The year there is a determination that the died during the year and for a kidnapped of household filing status, the qualifying person child is dead, or child. Publication 501 (2023) 9 |
Page 10 of 30 Fileid: … tions/p501/2023/a/xml/cycle05/source 6:05 - 3-Jan-2024 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. Table 4. Who Is a Qualifying Person Qualifying You To File as Head of Household?1 CAUTION! See the text of this publication for the other requirements you must meet to claim head of household filing status. IF the person is your . . . AND . . . THEN that person is . . . qualifying child (such as a son, daughter, the child is single a qualifying person, whether or not or grandchild who lived with you more than the child meets the citizen or half the year and meets certain other tests)2 resident test. the child is married and you can claim the a qualifying person. child as a dependent the child is married and you can't claim the not a qualifying person.3 child as a dependent qualifying relative who is your father or 4 you can claim your parent as a dependent5 a qualifying person.6 mother you can't claim your parent as a dependent not a qualifying person. qualifying relative other than your father or 4 your relative lived with you more than half a qualifying person. mother (such as a grandparent, brother, or the year, and your relative is related to you sister who meets certain tests) in one of the ways listed under Relatives who don't have to live with you, later, and you can claim your relative as a dependent5 your relative didn't live with you more than not a qualifying person. half the year your relative isn't related to you in one of the not a qualifying person. ways listed under Relatives who don't have to live with you, later, and is your qualifying relative only because your relative lived with you all year as a member of your household you can't claim your relative as a dependent not a qualifying person. 1 A person can't qualify more than one taxpayer to use the head of household filing status for the year. 2 The term “qualifying child” is defined under Dependents, later. Note: If you are a noncustodial parent, the term “qualifying child” for head of household filing status doesn't include a child who is your qualifying child only because of the rules described under Children of divorced or separated parents (or parents who live apart) under Qualifying Child, later. If you are the custodial parent and those rules apply, the child is generally your qualifying child for head of household filing status even though the child isn't a qualifying child you can claim as a dependent. 3 This person is a qualifying person if the only reason you can't claim the person as a dependent is that you can be claimed as a dependent on another taxpayer's return. 4 The term “qualifying relative” is defined under Dependents, later. 5 If you can claim a person as a dependent only because of a multiple support agreement, that person isn't a qualifying person. See Multiple Support Agreement, later. 6 See Special rule for parent, earlier. 5. You paid more than half the cost of keep- was the child's main home during the entire part someone who isn't a member of your fam- ing up a home for the year. See Keeping of the year the child was alive. ily or the child's family. Up a Home, earlier, under Head of House- 2. In the year of the kidnapping, the child hold. Adopted child. You may be eligible to file as a qualifying surviving spouse if the child who lived with you for more than half the part of Example. Your spouse died in 2021 and qualifies you for this filing status you adopted in the year before the kidnapping. you haven’t remarried. During 2022 and 2023, 2023 or was lawfully placed with you for legal 3. In the year of the child’s return, the child you continued to keep up a home for you and adoption by you in 2023. The child is consid- lived with you for more than half the part of your child who lives with you and whom you can ered to have lived with you for all of 2023 if your the year following the date of the child’s re- claim as a dependent. For 2021, you were enti- main home was this child's main home for the turn. tled to file a joint return for you and your de- entire time since this child was adopted or ceased spouse. For 2022 and 2023, you can file placed with you in 2023. 4. You would have qualified for qualifying sur- as a qualifying surviving spouse. After 2023, viving spouse filing status if the child had you can file as head of household if you qualify. Kidnapped child. You may be eligible to file as not been kidnapped. a qualifying surviving spouse even if the child As mentioned earlier, the filing status Death or birth. You may be eligible to file as a who qualifies you for this filing status has been ! qualifying surviving spouse is available qualifying surviving spouse if the child who kidnapped. You can claim qualifying surviving CAUTION for only 2 years following the year your qualifies you for this filing status is born or dies spouse filing status if all the following state- spouse died. during the year. You must have provided more ments are true. than half of the cost of keeping up a home that 1. The child is presumed by law enforcement authorities to have been kidnapped by 10 Publication 501 (2023) |
Page 11 of 30 Fileid: … tions/p501/2023/a/xml/cycle05/source 6:05 - 3-Jan-2024 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. Table 5. Overview of the Rules for Claiming a Dependent CAUTION! This table is only an overview of the rules. For details, see the rest of this publication. • You can't claim any dependents if you, or your spouse if filing jointly, could be claimed as a dependent by another taxpayer, unless that taxpayer files a return only to claim a refund of withheld income tax or estimated tax paid. • You can't claim a married person who files a joint return as a dependent unless that joint return is filed only to claim a refund of withheld income tax or estimated tax paid. • You can't claim a person as a dependent unless that person is a U.S. citizen, a U.S. resident alien, a U.S. national, or a resident of Canada or Mexico.1 • You can't claim a person as a dependent unless that person is your qualifying child or qualifying relative. Tests To Be a Qualifying Child Tests To Be a Qualifying Relative 1. The child must be your son, daughter, stepchild, foster child, brother, 1. The person can't be your qualifying child or the qualifying sister, half brother, half sister, stepbrother, or stepsister, or a descendant child of any other taxpayer. of any of them. 2. The person either (a) must be related to you in one of the 2. The child must be (a) under age 19 at the end of the year and younger ways listed under Relatives who don't have to live with you, or than you (or your spouse if filing jointly); (b) under age 24 at the end of the (b) must live with you all year as a member of your year, a student, and younger than you (or your spouse if filing jointly); or household (and your relationship must not violate local law).2 (c) any age if permanently and totally disabled. 3. The person's gross income for the year must be less than 3. The child must have lived with you for more than half of the year.2 $4,700.3 4. The child must not have provided more than half of the child’s own support 4. You must provide more than half of the person's total support for the year. for the year.4 5. The child must not be filing a joint return for the year (unless that joint return is filed only to claim a refund of withheld income tax or estimated tax paid). If the child meets the rules to be a qualifying child of more than one person, generally only one person can actually treat the child as a qualifying child. See Qualifying Child of More Than One Person, later, to find out which person is the person entitled to claim the child as a qualifying child. 1 There is an exception for certain adopted children. 2 There are exceptions for temporary absences, children who were born or died during the year, children who were adopted or lawfully placed for adoption during the year, children who are eligible foster children placed during the year, children of divorced or separated parents (or parents who live apart), and kidnapped children. 3 There is an exception if the person is disabled and has income from a sheltered workshop. 4 There are exceptions for multiple support agreements, children of divorced or separated parents (or parents who live apart), and kidnapped children. Child tax credit. You may be entitled to a child Exceptions tax credit for each qualifying child who was un- Dependents der age 17 at the end of the year if you claimed that child as a dependent. For more information, Even if you have a qualifying child or qualifying The term “dependent” means: see the Instructions for Form 1040. relative, you can claim that person as a depend- • A qualifying child, or ent only if these three tests are met. • A qualifying relative. Credit for other dependents. You may be en- 1. Dependent taxpayer test. The terms “qualifying child” and “qualifying rela- titled to a credit for other dependents for each tive” are defined later. qualifying child who does not qualify you for the 2. Joint return test. child tax credit and for each qualifying relative. 3. Citizen or resident test. All the requirements for claiming a depend- For more information, see the Instructions for ent are summarized in Table 5. Form 1040. These three tests are explained in detail here. Housekeepers, maids, or servants. If these Dependent Taxpayer Test people work for you, you can't claim them as dependents. If you can be claimed as a dependent by an- other taxpayer, you can't claim anyone else as a Publication 501 (2023) 11 |
Page 12 of 30 Fileid: … tions/p501/2023/a/xml/cycle05/source 6:05 - 3-Jan-2024 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. dependent. Even if you have a qualifying child Exception for adopted child. If you are a U.S. child” includes a child who was lawfully placed or qualifying relative, you can't claim that person citizen or U.S. national who has legally adopted with you for legal adoption. as a dependent. a child who isn't a U.S. citizen, U.S. resident alien, or U.S. national, this test is met if the child Foster child. A foster child is an individual who If you are filing a joint return and your lived with you as a member of your household is placed with you by an authorized placement spouse can be claimed as a dependent by an- all year. This exception also applies if the child agency or by judgment, decree, or other order other taxpayer, you and your spouse can't claim was lawfully placed with you for legal adoption of any court of competent jurisdiction. any dependents on your joint return. and the child lived with you for the rest of the year after placement. Age Test Exception. If you can be claimed as a depend- ent by another taxpayer, you can claim some- Child's place of residence. Children are usu- one else as a dependent if the person who can ally citizens or residents of the country of their To meet this test, a child must be: claim you (or your spouse if filing a joint return) parents. • Under age 19 at the end of the year and younger than you (or your spouse if filing as a dependent files a return only to claim a re- If you were a U.S. citizen when your child jointly); fund of income tax withheld or estimated tax was born, the child may be a U.S. citizen and A student under age 24 at the end of the paid. meet this test even if the other parent was a • year and younger than you (or your spouse nonresident alien and the child was born in a if filing jointly); or Joint Return Test foreign country. Permanently and totally disabled at any • You generally can't claim a married person as a Foreign students' place of residence. For- time during the year, regardless of age. dependent if that person files a joint return. eign students brought to this country under a Example. Your child turned 19 on Decem- qualified international education exchange pro- ber 10. Unless this child was permanently and Exception. You can claim a person as a de- gram and placed in American homes for a tem- totally disabled or a student, this child doesn't pendent who files a joint return if that person porary period generally aren't U.S. residents meet the age test because, at the end of the and that person’s spouse file the joint return and don't meet this test. You can't claim them as year, this child wasn't under age 19. only to claim a refund of income tax withheld or dependents. However, if you provided a home estimated tax paid. for a foreign student, you may be able to take a Child must be younger than you or your charitable contribution deduction. See Expen- spouse. To be your qualifying child, a child Example 1—child files joint return. You ses Paid for Student Living With You in Pub. who isn't permanently and totally disabled must supported your 18-year-old child who lived with 526. be younger than you. However, if you are mar- you all year while your child’s spouse was in the ried filing jointly, the child must be younger than Armed Forces. Your child’s spouse earned U.S. national. A U.S. national is an individual you or your spouse but doesn't have to be $35,000 for the year. The couple files a joint re- who, although not a U.S. citizen, owes alle- younger than both of you. turn. You can't claim your child as a dependent. giance to the United States. U.S. nationals in- clude American Samoans and Northern Ma- Example 1—child not younger than you Example 2—child files joint return only riana Islanders who chose to become U.S. or your spouse. Your 23-year-old sibling, who as claim for refund of withheld tax. Your nationals instead of U.S. citizens. is a student and unmarried, lives with you and 18-year-old child and your child’s 17-year-old your spouse, who provide more than half of your spouse had $800 of wages from part-time jobs Qualifying Child sibling’s support. Your sibling isn't disabled. and no other income. They lived with you all Both you and your spouse are 21 years old, and year. Neither is required to file a tax return. They Five tests must be met for a child to be your you file a joint return. Your sibling isn't your qual- don't have a child. Taxes were taken out of their qualifying child. The five tests are: ifying child because your sibling isn't younger pay, so they file a joint return only to get a refund than you or your spouse. of the withheld taxes. The exception to the joint 1. Relationship, return test applies, so you aren't disqualified 2. Age, Example 2—child younger than your from claiming each of them as a dependent just spouse but not younger than you. The facts because they file a joint return. You can claim 3. Residency, are the same as in Example 1, except your each of them as dependents if all the other tests 4. Support, and spouse is 25 years old. Because your sibling is to do so are met. younger than your spouse and you and your 5. Joint return. spouse are filing a joint return, your sibling is Example 3—child files joint return to These tests are explained next. your qualifying child, even though your sibling claim American opportunity credit. The isn't younger than you. facts are the same as in Example 2, except no If a child meets the five tests to be the taxes were taken out of your child’s pay or your ! qualifying child of more than one per- Student defined. To qualify as a student, your child’s spouse’s pay. However, they file a joint CAUTION son, there are rules you must use to child must be, during some part of each of any 5 return to claim an American opportunity credit determine which person can actually treat the calendar months of the year: of $124 and get a refund of that amount. Be- child as a qualifying child. See Qualifying Child cause they filed a joint return claiming the of More Than One Person, later. 1. A full-time student at a school that has a regular teaching staff and course of study, American opportunity credit, they aren’t filing it and a regularly enrolled student body at only to get a refund of income tax withheld or the school; or estimated tax paid. The exception to the joint re- Relationship Test turn test doesn't apply, so you can't claim either To meet this test, a child must be: 2. A student taking a full-time, on-farm train- of them as a dependent. Your son, daughter, stepchild, or foster ing course given by a school described in • (1), or by a state, county, or local govern- child, or a descendant (for example, your Citizen or Resident Test grandchild) of any of them; or ment agency. • Your brother, sister, half brother, half sister, The 5 calendar months don't have to be con- You generally can't claim a person as a depend- stepbrother, or stepsister, or a descendant secutive. ent unless that person is a U.S. citizen, a U.S. (for example, your niece or nephew) of any resident alien, a U.S. national, or a resident of of them. Full-time student. A full-time student is a Canada or Mexico. However, there is an excep- student who is enrolled for the number of hours tion for certain adopted children, as explained Adopted child. An adopted child is always or courses the school considers to be full-time next. treated as your own child. The term “adopted attendance. 12 Publication 501 (2023) |
Page 13 of 30 Fileid: … tions/p501/2023/a/xml/cycle05/source 6:05 - 3-Jan-2024 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. School defined. A school can be an ele- main home was this child's main home for more the decree or agreement wasn't mentary school, a junior or senior high school, a than half the time since this child was adopted changed after 1984 to say the non- college, a university, or a technical, trade, or or placed with you in 2023. custodial parent can't claim the child mechanical school. However, an on-the-job as a dependent, and the noncustodial training course, correspondence school, or Kidnapped child. You can treat your child as parent provides at least $600 for the school offering courses only through the Inter- meeting the residency test even if the child has child's support during the year. net doesn't count as a school. been kidnapped, but the following statements must be true. If statements (1) through (4) are all true, only Vocational high school students. Stu- the noncustodial parent can: dents who work on “co-op” jobs in private indus- 1. The child is presumed by law enforcement • Claim the child as a dependent; and try as a part of a school's regular course of authorities to have been kidnapped by • Claim the child as a qualifying child for the classroom and practical training are considered someone who isn't a member of your fam- child tax credit, the credit for other depend- full-time students. ily or the child's family. ents, or the additional child tax credit. 2. In the year the kidnapping occurred, the However, this doesn’t allow the noncustodial Permanently and totally disabled. Your child child lived with you for more than half of parent to claim head of household filing status, is permanently and totally disabled if both of the the part of the year before the date of the the credit for child and dependent care expen- following apply. kidnapping. ses, the exclusion for dependent care benefits, • Your child can't engage in any substantial or the earned income credit. See Applying the gainful activity because of a physical or 3. In the year of the child’s return, the child mental condition. lived with you for more than half the part of tiebreaker rules to divorced or separated pa- • A doctor determines the condition has las- the year following the date of the child’s re- rents (or parents who live apart), later. ted or can be expected to last continuously turn. Example—earned income credit. Even if for at least a year or can lead to death. This treatment applies for all years until the statements (1) through (4) are all true and the earlier of: custodial parent signs Form 8332 or a substan- Residency Test tially similar statement that the custodial parent 1. The year there is a determination that the won’t claim the child as a dependent for 2023, child is dead, or To meet this test, your child must have lived with this doesn’t allow the noncustodial parent to you for more than half the year. There are ex- 2. The year the child would have reached claim the child as a qualifying child for the ceptions for temporary absences, children who age 18. earned income credit. The custodial parent or were born or died during the year, adopted or another taxpayer, if eligible, can claim the child foster children, kidnapped children, and chil- Children of divorced or separated parents for the earned income credit. dren of divorced or separated parents. (or parents who live apart). In most cases, because of the residency test, a child of di- Custodial parent and noncustodial pa- Temporary absences. Your child is consid- vorced or separated parents is the qualifying rent. The custodial parent is the parent with ered to have lived with you during periods of child of the custodial parent. However, the child whom the child lived for the greater number of time when one of you, or both, is temporarily will be treated as the qualifying child of the non- nights during the year. The other parent is the absent due to special circumstances, such as: custodial parent if all four of the following state- noncustodial parent. • Illness, ments are true. If the parents divorced or separated during the year and the child lived with both parents • Education, 1. The parents: before the separation, the custodial parent is • Business, the one with whom the child lived for the greater • Vacation, a. Are divorced or legally separated un- • Military service, or der a decree of divorce or separate number of nights during the rest of the year. • Detention in a juvenile facility. maintenance; A child is treated as living with a parent for a night if the child sleeps: b. Are separated under a written separa- • At that parent's home, whether or not the Death or birth of child. A child who was born tion agreement; or parent is present; or or died during the year is treated as having lived with you more than half the year if your home c. Lived apart at all times during the last • In the company of the parent, when the was the child's home more than half the time 6 months of the year, whether or not child doesn't sleep at a parent's home (for the child was alive during the year. The same is they are or were married. example, the parent and child are on vaca- tion together). true if the child lived with you more than half the 2. The child received over half of the child’s year except for any required hospital stay follow- support for the year from the parents. Equal number of nights. If the child lived ing birth. with each parent for an equal number of nights 3. The child is in the custody of one or both during the year, the custodial parent is the pa- Child born alive. You may be able to claim parents for more than half of the year. rent with the higher AGI. as a dependent a child born alive during the year, even if the child lived only for a moment. 4. Either of the following statements is true. December 31. The night of December 31 is State or local law must treat the child as having a. The custodial parent signs a written treated as part of the year in which the night be- been born alive. There must be proof of a live declaration, discussed later, that they gins. For example, the night of December 31, birth shown by an official document, such as a won't claim the child as a dependent 2023, is treated as part of 2023. birth certificate. The child must be your qualify- for the year, and the noncustodial pa- ing child or qualifying relative, and all the other rent attaches this written declaration Emancipated child. If a child is emancipa- tests to claim the child as a dependent must be to their return. (If the decree or agree- ted under state law, the child is treated as not met. ment went into effect after 1984 and living with either parent. See Examples and .5 6 Stillborn child. You can't claim a stillborn before 2009, see Post-1984 and Absences. If a child wasn't with either pa- child as a dependent. pre-2009 divorce decree or separa- rent on a particular night (because, for example, tion agreement, later. If the decree or the child was staying at a friend's house), the Adopted child or foster child. You can treat agreement went into effect after 2008, child is treated as living with the parent with your adopted child or foster child as meeting the see Post-2008 divorce decree or sep- whom the child normally would have lived for residency test as follows if you adopted the aration agreement, later.) that night, except for the absence. But if it can't child in 2023, the child was lawfully placed with b. A pre-1985 decree of divorce or sepa- be determined with which parent the child nor- you for legal adoption by you in 2023, or the rate maintenance or written separa- mally would have lived or if the child would not child was an eligible foster child placed with you tion agreement that applies to 2023 have lived with either parent that night, the child during 2023. This child is considered to have states that the noncustodial parent is treated as not living with either parent that lived with you for more than half of 2023 if your can claim the child as a dependent, night. Publication 501 (2023) 13 |
Page 14 of 30 Fileid: … tions/p501/2023/a/xml/cycle05/source 6:05 - 3-Jan-2024 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. Parent works at night. If, due to a parent's or additional child tax credit, if applicable, for parents who never married and lived apart at all nighttime work schedule, a child lives for a the child. The noncustodial parent must attach times during the last 6 months of the year. greater number of days, but not nights, with the a copy of the form or statement to their tax re- parent who works at night, that parent is treated turn. Support Test (To Be a Qualifying as the custodial parent. On a school day, the The release can be for 1 year, for a number Child) child is treated as living at the primary resi- of specified years (for example, alternate dence registered with the school. years), or for all future years, as specified in the declaration. To meet this test, the child can't have provided Example 1—child lived with one parent more than half of the child’s own support for the for a greater number of nights. You and your Post-1984 and pre-2009 divorce decree year. child’s other parent are divorced. In 2023, your or separation agreement. If the divorce de- child lived with you 210 nights and with the cree or separation agreement went into effect This test is different from the support test to other parent 155 nights. You are the custodial after 1984 and before 2009, the noncustodial be a qualifying relative, which is described later. parent. parent may be able to attach certain pages from However, to see what is or isn't support, see the decree or agreement instead of Form 8332. Support Test (To Be a Qualifying Relative), later. Example 2—child is away at camp. In The decree or agreement must state all three of If you aren't sure whether a child provided more 2023, your child lives with each parent for alter- the following. than half of their own support, you may find nate weeks. In the summer, your child spends 6 1. The noncustodial parent can claim the Worksheet 2 helpful. weeks at summer camp. During those 6 weeks, child as a dependent without regard to any your child is treated as living with you for 3 condition, such as payment of support. Example. You provided $4,000 toward your weeks and with your child’s other parent, your 16-year-old child's support for the year and the ex-spouse, for 3 weeks because this is how 2. The custodial parent won't claim the child child provided $6,000. Your child provided more long the child would have lived with each parent as a dependent for the year. than half their own support. This child isn't your if the child had not attended summer camp. 3. The years for which the noncustodial pa- qualifying child. rent, rather than the custodial parent, can Example 3—child lived same number of claim the child as a dependent. Foster care payments and expenses. Pay- nights with each parent. Your child lived with ments you receive for the support of a foster you 180 nights during the year and lived the The noncustodial parent must attach all of child from a child placement agency are consid- same number of nights with the child’s other pa- the following pages of the decree or agreement ered support provided by the agency. Similarly, rent, your ex-spouse. Your AGI is $40,000. Your to their tax return. payments you receive for the support of a foster ex-spouse's AGI is $25,000. You are treated as • The cover page (write the other parent's child from a state or county are considered sup- your child's custodial parent because you have SSN on this page). port provided by the state or county. the higher AGI. • The pages that include all of the informa- If you aren't in the trade or business of pro- tion identified in items (1) through (3) viding foster care and your unreimbursed Example 4—child is at parent’s home above. out-of-pocket expenses in caring for a foster but with other parent. Your child normally • The signature page with the other parent's child were mainly to benefit an organization lives with you during the week and with the signature and the date of the agreement. qualified to receive deductible charitable contri- child’s other parent, your ex-spouse, every other butions, the expenses are deductible as charita- weekend. You become ill and are hospitalized. Post-2008 divorce decree or separation ble contributions but aren't considered support The other parent lives in your home with your agreement. The noncustodial parent can't at- you provided. For more information about the child for 10 consecutive days while you are in tach pages from the decree or agreement in- deduction for charitable contributions, see Pub. the hospital. Your child is treated as living with stead of Form 8332 if the decree or agreement 526. If your unreimbursed expenses aren't de- you during this 10-day period because your went into effect after 2008. The custodial parent ductible as charitable contributions, they may child was living in your home. must sign either Form 8332 or a similar state- qualify as support you provided. ment whose only purpose is to release the cus- Example 5—child emancipated in May. todial parent's claim to an exemption, and the If you are in the trade or business of provid- Your child turned 18 in May 2023 and became noncustodial parent must attach a copy to their ing foster care, your unreimbursed expenses emancipated under the law of the state where return. The form or statement must release the aren't considered support provided by you. your child lives. As a result, your child isn't con- custodial parent's claim to the child without any sidered in the custody of either parent for more conditions. For example, the release must not Example 1. A foster child lived with a mar- than half of the year. The special rule for chil- depend on the noncustodial parent paying sup- ried couple, the Smiths, for the last 3 months of dren of divorced or separated parents doesn't port. the year. The Smiths cared for the foster child because they wanted to adopt the child (al- apply. The noncustodial parent must attach though the child had not been placed with them the required information even if it was Example 6—child emancipated in Au- CAUTION! filed with a return in an earlier year. for adoption). They didn't care for the foster child as a trade or business or to benefit the gust. Your child lives with you from January 1, agency that placed the foster child in their 2023, until May 31, 2023, and lives with the Revocation of release of claim to an ex- home. The Smiths' unreimbursed expenses child’s other parent, your ex-spouse, from June emption. The custodial parent can revoke a re- aren't deductible as charitable contributions but 1, 2023, through the end of the year. Your child lease of claim to an exemption. For the revoca- are considered support they provided for the turns 18 and is emancipated under state law on tion to be effective for 2023, the custodial parent foster child. August 1, 2023. Because your child is treated must have given (or made reasonable efforts to as not living with either parent beginning on Au- give) written notice of the revocation to the non- Example 2. You provided $3,000 toward gust 1, your child is treated as living with you custodial parent in 2022 or earlier. The custo- your 10-year-old foster child's support for the the greater number of nights in 2023. You are dial parent can use Part III of Form 8332 for this year. The state government provided $4,000, the custodial parent. purpose and must attach a copy of the revoca- which is considered support provided by the Written declaration. The custodial parent tion to their return for each tax year the custo- state, not by the child. See Support provided by must use either Form 8332 or a similar state- dial parent claims the child as a dependent as a the state (welfare, food benefits, housing, etc.), ment (containing the same information required result of the revocation. later. Your foster child didn't provide more than half of their own support for the year. by the form) to make the written declaration to Remarried parent. If you remarry, the sup- release a claim to an exemption for a child to port provided by your new spouse is treated as Scholarships. A scholarship received by a the noncustodial parent. Although the exemp- provided by you. child who is a student isn't taken into account in tion amount is zero for tax year 2023, this re- determining whether the child provided more lease allows the noncustodial parent to claim Parents who never married. This rule for the child tax credit, credit for other dependents, divorced or separated parents also applies to than half of their own support. 14 Publication 501 (2023) |
Page 15 of 30 Fileid: … tions/p501/2023/a/xml/cycle05/source 6:05 - 3-Jan-2024 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. TANF and other governmental payments. Sometimes, a child meets the relationship, Example 1—child lived with parent and Under proposed Treasury regulations, if you re- age, residency, support, and joint return tests to grandparent. You and your 3-year-old child J ceived Temporary Assistance to Needy Fami- be a qualifying child of more than one person. lived with your parent all year. You are 25 years lies (TANF) payments or other similar payments Although the child is a qualifying child of each of old and unmarried, and your AGI is $9,000. Your and used the payment to support another per- these persons, generally only one person can parent's AGI is $15,000. Your child’s other pa- son, those payments are considered support actually treat the child as a qualifying child to rent didn't live with you or your child. You you provided for that person, rather than sup- take all of the following tax benefits (provided haven't signed Form 8832 (or a similar state- port provided by the government or other third the person is eligible for each benefit). ment). party. 1. The child tax credit, credit for other de- J is a qualifying child of both you and your pendents, or additional child tax credit. parent because J meets the relationship, age, Joint Return Test (To Be a residency, support, and joint return tests for Qualifying Child) 2. Head of household filing status. both you and your parent. However, only one of 3. The credit for child and dependent care you can claim J. J isn't a qualifying child of any- To meet this test, the child can't file a joint return expenses. one else, including J’s other parent. You agree for the year. to let your parent claim J. This means your pa- 4. The exclusion from income for dependent rent can claim J as a qualifying child for all of Exception. An exception to the joint return test care benefits. the five tax benefits listed earlier, if your parent qualifies for each of those benefits (and if you applies if your child and the child’s spouse file a 5. The earned income credit. don't claim J as a qualifying child for any of joint return only to claim a refund of income tax withheld or estimated tax paid. The other person can’t take any of these those tax benefits). benefits based on this qualifying child. In other Example 2—parent has higher AGI than Example 1—child files joint return. You words, you and the other person can’t agree to grandparent. The facts are the same as in Ex- supported your 18-year-old child who lived with divide these tax benefits between you. ample 1, except your AGI is $18,000. Because you all year while the child’s spouse was in the Armed Forces. Your child’s spouse earned Tiebreaker rules. To determine which person your parent's AGI isn't higher than yours, your $35,000 for the year. The couple files a joint re- can treat the child as a qualifying child to claim parent can't claim J. Only you can claim J. turn so this child isn't your qualifying child. these five tax benefits, the following tiebreaker Example 3—two persons claim same rules apply. For purposes of these tiebreaker child. The facts are the same as in Example 1, Example 2—child files joint return only rules, the term “parent” means a biological or except you and your parent both claim J as a as claim for refund of withheld tax. Your adoptive parent of an individual. It does not in- qualifying child. In this case, you, as the child's 18-year-old child and your child’s 17-year-old clude a stepparent or foster parent unless that parent, will be the only one allowed to claim J spouse had $800 of wages from part-time jobs person has adopted the individual. as a qualifying child. The IRS will disallow your and no other income. They lived with you all • If only one of the persons is the child's pa- parent's claim to the five tax benefits listed ear- year. Neither is required to file a tax return. They rent, the child is treated as the qualifying lier based on J. However, your parent may qual- don't have a child. Taxes were taken out of their child of the parent. ify for the earned income credit as a taxpayer pay, so they file a joint return only to get a refund • If the parents file a joint return together and without a qualifying child. of the withheld taxes. The exception to the joint can claim the child as a qualifying child, return test applies, so this child may be your the child is treated as the qualifying child of Example 4—qualifying children split be- qualifying child if all the other tests are met. the parents. tween two persons. The facts are the same • If the parents don't file a joint return to- as in Example 1, except you also have two other Example 3—child files joint return to gether but both parents claim the child as a young children who are qualifying children of claim American opportunity credit. The qualifying child, the IRS will treat the child both you and your parent. Only one of you can facts are the same as in Example 2, except no as the qualifying child of the parent with claim each child. However, if your parent's AGI taxes were taken out of either spouse's pay. whom the child lived for the longer period is higher than yours, you can allow your parent However, they file a joint return to claim an of time during the year. If the child lived to claim one or more of the children. For exam- American opportunity credit of $124 and get a with each parent for the same amount of ple, if you claim one child, your parent can claim refund of that amount. Because claiming the time, the IRS will treat the child as the qual- the other two. American opportunity credit is their reason for ifying child of the parent who had the filing the return, they aren't filing it only to get a higher AGI for the year. Example 5—taxpayer who is a qualifying refund of income tax withheld or estimated tax • If no parent can claim the child as a qualify- child. The facts are the same as in Example 1, paid. The exception to the joint return test ing child, the child is treated as the qualify- except you are only 18 years old and didn't pro- doesn't apply, so this child isn't your qualifying ing child of the person who had the highest vide more than half of your own support for the child. AGI for the year. year. This means you are your parent's qualify- • If a parent can claim the child as a qualify- ing child. If your parent can claim you as a de- Qualifying Child of More Than One ing child but no parent does so claim the pendent, then you can't claim your child as a Person child, the child is treated as the qualifying dependent because of the dependent taxpayer child of the person who had the highest test, explained earlier, unless your parent files a If your qualifying child isn't a qualifying AGI for the year, but only if that person's return only to claim a refund of income tax with- TIP child of anyone else, this topic doesn't AGI is higher than the highest AGI of any of held or estimated tax paid. apply to you and you don't need to read the child's parents who can claim the child. about it. This is also true if your qualifying child isn't a qualifying child of anyone else except Subject to these tiebreaker rules, you and Example 6—separated parents. You, your spouse with whom you plan to file a joint the other person may be able to choose which your spouse, and your 10-year-old child all lived return. of you claims the child as a qualifying child. in the United States for all of 2023. On August 1, 2023, your spouse moved out of the house- You may be able to qualify for the hold. In August and September, your child lived If a child is treated as the qualifying TIP earned income credit under the rules with you. For the rest of the year, your child lived ! child of the noncustodial parent under for taxpayers without a qualifying child with your spouse, the child's other parent. Your CAUTION the rules for children of divorced or if you have a qualifying child for the earned in- child is a qualifying child of both you and your separated parents (or parents who live apart), come credit who is claimed as a qualifying child spouse because your child lived with each of described earlier, see Applying the tiebreaker by another taxpayer. For more information, see you for more than half the year and because rules to divorced or separated parents (or pa- Pub. 596. your child met the relationship, age, support, rents who live apart), later. and joint return tests for both of you. At the end of the year, you and your spouse still weren't Publication 501 (2023) 15 |
Page 16 of 30 Fileid: … tions/p501/2023/a/xml/cycle05/source 6:05 - 3-Jan-2024 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. Worksheet 2. Worksheet for Determining Support Keep for Your Records Funds Belonging to the Person You Supported 1. Enter the total funds belonging to the person you supported, including income received (taxable and nontaxable) and amounts borrowed during the year, plus the amount in savings and other accounts at the beginning of the year. Don't include funds provided by the state; include those amounts on line 23 instead . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1. 2. Enter the amount on line 1 that was used for the person's support . . . . . . . . . . . . . . . . . . . . . . . . . . 2. 3. Enter the amount on line 1 that was used for other purposes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3. 4. Enter the total amount in the person's savings and other accounts at the end of the year . . . . . . . . 4. 5. Add lines 2 through 4. (This amount should equal line 1.) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5. Expenses for Entire Household (where the person you supported lived) 6. Lodging (complete line 6a or 6b): a. Enter the total rent paid . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6a. b. Enter the fair rental value of the home. If the person you supported owned the home, also include this amount in line 21 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6b. 7. Enter the total food expenses . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7. 8. Enter the total amount of utilities (heat, light, water, etc., not included in line 6a or 6b) . . . . . . . . . . 8. 9. Enter the total amount of repairs (not included in line 6a or 6b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9. 10. Enter the total of other expenses. Don't include expenses of maintaining the home, such as mortgage interest, real estate taxes, and insurance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10. 11. Add lines 6a through 10. These are the total household expenses . . . . . . . . . . . . . . . . . . . . . . . . . . 11. 12. Enter total number of persons who lived in the household . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12. Expenses for the Person You Supported 13. Divide line 11 by line 12. This is the person's share of the household expenses . . . . . . . . . . . . . . . 13. 14. Enter the person's total clothing expenses . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14. 15. Enter the person's total education expenses . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15. 16. Enter the person's total medical and dental expenses not paid for or reimbursed by insurance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16. 17. Enter the person's total travel and recreation expenses . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17. 18. Enter the total of the person's other expenses . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18. 19. Add lines 13 through 18. This is the total cost of the person's support for the year . . . . . . . . . . . . . 19. Did the Person Provide More Than Half of the Person’s Own Support? 20. Multiply line 19 by 50% (0.50) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20. 21. Enter the amount from line 2, plus the amount from line 6b, if the person you supported owned the home. This is the amount the person provided for their own support . . . . . . . . . . . . . . . . . . . . . . 21. 22. Is line 21 more than line 20? No. You meet the support test for this person to be your qualifying child. If this person also meets the other tests to be a qualifying child, stop here; don't complete lines 23–26. Otherwise, go to line 23 and fill out the rest of the worksheet to determine if this person is your qualifying relative. Yes. You don't meet the support test for this person to be either your qualifying child or your qualifying relative. Stop here. Did You Provide More Than Half? 23. Enter the amount others provided for the person's support. Include amounts provided by state, local, and other welfare societies or agencies. Don't include any amounts included on line 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23. 24. Add lines 21 and 23 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24. 25. Subtract line 24 from line 19. This is the amount you provided for the person's support . . . . . . . . . 25. 26. Is line 25 more than line 20? Yes. You meet the support test for this person to be your qualifying relative. No. You don't meet the support test for this person to be your qualifying relative. You can't claim this person as a dependent unless you can do so under a multiple support agreement, the support test for children of divorced or separated parents (or parents who live apart), or the special rule for kidnapped children. See Multiple Support Agreement Support Test , for Children of Divorced or Separated Parents (or Parents Who Live Apart), or Kidnapped child under Qualifying Relative. 16 Publication 501 (2023) |
Page 17 of 30 Fileid: … tions/p501/2023/a/xml/cycle05/source 6:05 - 3-Jan-2024 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. divorced, legally separated, or separated under L’s other parent. Your AGI is $12,000 and L’s The noncustodial parent may be able a written separation agreement, so the rule for other parent's AGI is $14,000. L’s other parent TIP to claim the self-only earned income children of divorced or separated parents (or agrees to let you claim the child as a qualifying credit if they meet other requirements. parents who live apart) doesn't apply. child. This means you can claim L as a qualify- See Pub. 596 and Schedule EIC and its instruc- You and your spouse will file separate re- ing child for the child tax credit, head of house- tions for more information. turns. Your spouse agrees to let you treat your hold filing status, the credit for child and de- child as a qualifying child. This means, if your pendent care expenses, the exclusion for Example 1. You and your 5-year-old child, spouse doesn't claim your child as a qualifying dependent care benefits, and the earned in- E, lived all year with your parent in the United child, you can claim this child as a qualifying come credit, if you qualify for each of those tax States. Your parent paid the entire cost of keep- child for the child tax credit and the exclusion for benefits (and if L’s other parent doesn't claim L ing up the home. Your AGI is $10,000. Your pa- dependent care benefits (assuming you other- as a qualifying child for any of those tax bene- rent's AGI is $25,000. E’s other parent lived in wise qualify for both tax benefits). However, you fits). the United States all year, but didn't live with can't claim head of household filing status be- you or E. cause you and your spouse didn't live apart for Example 9—unmarried parents claim Under the rules explained earlier for children the last 6 months of the year. As a result, your same child. The facts are the same as in Ex- of divorced or separated parents (or parents filing status is married filing separately. You ample 8, except you and L’s other parent both who live apart), E is treated as the qualifying can't claim the earned income credit because claim L as a qualifying child. In this case, only child of E’s other parent, who can claim the you don't meet the requirements for certain sep- L’s other parent will be allowed to treat L as a child tax credit for E. Because of this, you can't arated spouses to claim the earned income qualifying child. This is because L’s other pa- claim the child tax credit for E. However, those credit when they don’t file a joint return. You and rent’s AGI, $14,000, is more than your AGI, rules don't allow E’s other parent to claim E as a your spouse didn't live apart for the last 6 $12,000. If you claimed the child tax credit for L, qualifying child for head of household filing sta- months of 2023 and while you did live apart at the IRS will disallow your claim to this credit. If tus, the credit for child and dependent care ex- the end of 2023, you aren't legally separated you don't have another qualifying child or de- penses, the exclusion for dependent care bene- under a written separation agreement or decree pendent, the IRS will also disallow your claim to fits, or the earned income credit. of separate maintenance. Therefore, you don't head of household filing status, the credit for You and your parent didn't have any child- meet the requirements to take the earned in- child and dependent care expenses, and the care expenses or dependent care benefits, so come credit as a separated spouse who is not exclusion for dependent care benefits. How- neither of you can claim the credit for child and filing a joint return. You also can't take the credit ever, you may be able to claim the earned in- dependent care expenses or the exclusion for for child and dependent care expenses be- come credit as a taxpayer without a qualifying dependent care benefits. But E is a qualifying cause your fling status is married filing sepa- child. child of both you and your parent for head of rately and you and your spouse didn't live apart household filing status and the earned income for the last 6 months of 2023. Example 10—child didn't live with a pa- credit because E meets the relationship, age, rent. You and your sibling’s child, M, lived with residency, support, and joint return tests for Example 7—separated parents claim your parent all year. You are 25 years old, and both you and your parent. (The support test same child. The facts are the same as in Ex- your AGI is $9,300. Your parent’s AGI is doesn't apply for the earned income credit.) ample 6, except you and your spouse both $15,000. M’s parents file jointly, have an AGI of However, you agree to let your parent claim E. claim your child as a qualifying child. In this less than $9,000, and don't live with you or M. M This means your parent can claim E for head of case, only your spouse will be allowed to treat is a qualifying child of both you and your parent household filing status and the earned income your child as a qualifying child. This is because, because M meets the relationship, age, resi- credit if your parent qualifies for each and if you during 2023, the child lived with your spouse dency, support, and joint return tests for both don't claim E as a qualifying child for the earned longer than with you. If you claimed the child tax you and your parent. However, only your parent income credit. (You can't claim head of house- credit for your child, the IRS will disallow your can treat M as a qualifying child. This is be- hold filing status because your parent paid the claim to the child tax credit. If you don't have an- cause your parent's AGI, $15,000, is more than entire cost of keeping up the home.) You may other qualifying child or dependent, the IRS will your AGI, $9,300. be able to claim the earned income credit as a also disallow your claim to the exclusion for de- taxpayer without a qualifying child. pendent care benefits. In addition, because you Applying the tiebreaker rules to divorced or and your spouse didn't live apart for the last 6 separated parents (or parents who live Example 2. The facts are the same as in months of the year, your spouse can't claim apart). If a child is treated as the qualifying Example 1, except your AGI is $25,000 and head of household filing status. As a result, your child of the noncustodial parent under the rules your parent's AGI is $21,000. Your parent can't spouse’s filing status is married filing separately. described earlier for children of divorced or sep- claim E as a qualifying child for any purpose be- Your spouse can't claim the earned income arated parents (or parents who live apart), only cause your parent’s AGI isn't higher than yours. credit because your spouse doesn't meet the the noncustodial parent can claim the child as a requirements to claim the earned income credit dependent and claim the child tax credit, addi- Example 3. The facts are the same as in for certain separated spouses. You and your tional child tax credit, or credit for other depend- Example 1, except you and your parent both spouse didn’t live apart for the last 6 months of ents for the child. However, only the custodial claim E as a qualifying child for the earned in- 2023 and, while you did live apart at the end of parent can claim the credit for child and de- come credit. Your parent also claims E as a 2023, you aren't legally separated under a writ- pendent care expenses or the exclusion for de- qualifying child for head of household filing sta- ten separation agreement or decree of separate pendent care benefits for the child. Also, gener- tus. You, as the child's parent, will be the only maintenance. Therefore, your spouse doesn’t ally, the noncustodial parent can't claim the one allowed to claim E as a qualifying child for meet the requirements to take the earned in- child as a qualifying child for head of household the earned income credit. The IRS will disallow come credit as a separated spouse who isn’t fil- filing status or the earned income credit. In- your parent's claim to head of household filing ing a joint return. Your spouse also can't take stead, generally, the custodial parent, if eligible, status unless your parent has another qualifying the credit for child and dependent care expen- or other eligible person can claim the child as a child or dependent. Your parent can’t claim the ses because your spouse’s filing status is mar- qualifying child for those two benefits. If the earned income credit as a taxpayer without a ried filing separately and you and your spouse child is the qualifying child of more than one qualifying child because your parent’s AGI is didn't live apart for the last 6 months of 2023. person for these benefits, then the tiebreaker more than $17,640. rules determine whether the custodial parent or Example 8—unmarried parents. You, another eligible person can treat the child as a your 5-year-old child, L, and L’s other parent qualifying child. Qualifying Relative lived together in the United States all year. You and L’s other parent aren't married. L is a quali- Four tests must be met for a person to be your fying child of both you and L’s other parent be- qualifying relative. The four tests are: cause L meets the relationship, age, residency, 1. Not a qualifying child test, support, and joint return tests for both you and Publication 501 (2023) 17 |
Page 18 of 30 Fileid: … tions/p501/2023/a/xml/cycle05/source 6:05 - 3-Jan-2024 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. 2. Member of household or relationship test, Example 1—return not required. You 1. Live with you all year as a member of your 3. Gross income test, and support an unrelated friend and your friend’s household, or 3-year-old child, who lived with you all year in 4. Support test. your home. Your friend has no gross income, 2. Be related to you in one of the ways listed isn't required to file a 2023 tax return, and under Relatives who don't have to live with Age. Unlike a qualifying child, a qualifying rela- doesn't file a 2023 tax return. Both your friend you below. tive can be any age. There is no age test for a and your friend’s child are your qualifying rela- If at any time during the year the person was qualifying relative. tives if the support test is met. your spouse, that person can't be your qualify- ing relative. Kidnapped child. You can treat a child as your Example 2—return filed to claim refund. qualifying relative even if the child has been kid- The facts are the same as in Example 1, except Relatives who don't have to live with you. A napped, but the following statements must be your friend had wages of $1,500 during the year person related to you in any of the following true. and had income tax withheld from your friend’s ways doesn't have to live with you all year as a 1. The child is presumed by law enforcement wages. Your friend files a return only to get a re- member of your household to meet this test. authorities to have been kidnapped by fund of the income tax withheld and doesn't • Your child, stepchild, or foster child, or a someone who isn't a member of your fam- claim the earned income credit or any other tax descendant of any of them (for example, ily or the child's family. credits or deductions. Both your friend and your your grandchild). (A legally adopted child is friend’s child are your qualifying relatives if the considered your child.) 2. In the year the kidnapping occurred, the support test is met. • Your brother, sister, half brother, half sister, child met the tests to be your qualifying rel- stepbrother, or stepsister. ative for the part of the year before the Example 3—earned income credit • Your father, mother, grandparent, or other date of the kidnapping. claimed. The facts are the same as in Exam- direct ancestor, but not foster parent. ple 2, except your friend had wages of $8,000 • Your stepfather or stepmother. 3. In the year of the child’s return, the child during the year and claimed the earned income • A son or daughter of your brother or sister. met the tests to be your qualifying relative credit. Your friend's child is the qualifying child • A son or daughter of your half brother or for the part of the year following the date of of another taxpayer (your friend), so you can't half sister. the child’s return. claim your friend's child as your qualifying rela- • A brother or sister of your father or mother. This treatment applies for all years until the tive. Also, you can't claim your friend as your • Your son-in-law, daughter-in-law, fa- earlier of: qualifying relative because of the gross income ther-in-law, mother-in-law, brother-in-law, test explained later. 1. The year there is a determination that the or sister-in-law. child is dead, or Child in Canada or Mexico. You may be able Any of these relationships that were established 2. The year the child would have reached to claim your child as a dependent even if the by marriage aren't ended by death or divorce. age 18. child lives in Canada or Mexico. If the child doesn't live with you, the child doesn't meet the Example. In 2017, you and your spouse residency test to be your qualifying child. How- began supporting your spouse’s unmarried pa- Not a Qualifying Child Test ever, the child may still be your qualifying rela- rent, G. Your spouse died in 2022. Despite your tive. If the persons the child does live with aren't spouse’s death, G continues to meet this test, A child isn't your qualifying relative if the child is U.S. citizens and have no U.S. gross income, even if G doesn't live with you. You can claim G your qualifying child or the qualifying child of those persons aren't “taxpayers,” so the child as a dependent if all other tests are met, includ- any other taxpayer. isn't the qualifying child of any other taxpayer. If ing the gross income and support tests. the child isn't the qualifying child of any other Foster child. A foster child is an individual Example 1. Your 22-year-old child, who is a taxpayer, the child is your qualifying relative as who is placed with you by an authorized place- student, lives with you and meets all the tests to long as the gross income test and the support ment agency or by judgment, decree, or other be your qualifying child. This child isn't your test are met. order of any court of competent jurisdiction. qualifying relative. You can't claim as a dependent a child who lives in a foreign country other than Canada or Joint return. If you file a joint return, the per- Example 2. Your 2-year-old child lives with Mexico, unless the child is a U.S. citizen, U.S. son can be related to either you or your spouse. your parents and meets all the tests to be their resident alien, or U.S. national. There is an ex- Also, the person doesn't need to be related to qualifying child. This child isn't your qualifying ception for certain adopted children who lived the spouse who provides support. relative. with you all year. See Citizen or Resident Test, For example, you provide more than half the earlier. Example 3. Your 30-year-old child lives support of your spouse’s stepparent. Your spou- se’s stepparent may be your qualifying relative with you. This child isn’t a qualifying child be- Example. You provide all the support of even if the stepparent doesn't live with you. cause the age test isn’t met. This child may be your children, ages 6, 8, and 12, who live in However, if you and your spouse file separate your qualifying relative if the gross income test Mexico with your parent and have no income. returns, your spouse's stepparent can be your and the support test are met. You are single and live in the United States. qualifying relative only if the stepparent lives Your parent isn't a U.S. citizen and has no U.S. with you all year as a member of your house- Example 4. Your 13-year-old grandchild income, so your parent isn't a “taxpayer.” Your hold. only lived with you for 5 months during the year. children aren't your qualifying children because Your grandchild isn’t your qualifying child be- they don't meet the residency test. But because Temporary absences. A person is considered cause the residency test isn’t met. Your grand- they aren't the qualifying children of any other to live with you as a member of your household child may be your qualifying relative if the gross taxpayer, they may be your qualifying relatives during periods of time when one of you, or both, income test and the support test are met. and you may be permitted to claim them as de- is temporarily absent due to special circumstan- Child of person not required to file a return. pendents. You may also be able to claim your ces, such as: A child isn't the qualifying child of any other tax- parent as a dependent if the gross income and • Illness, payer and so may qualify as your qualifying rela- support tests are met. • Education, tive if the child's parent (or other person for • Business, whom the child is defined as a qualifying child) Member of Household or • Vacation, isn't required to file an income tax return and ei- Relationship Test • Military service, or ther: • Detention in a juvenile facility. • Doesn't file an income tax return, or To meet this test, a person must either: If the person is placed in a nursing home for • Files a return only to get a refund of in- an indefinite period of time to receive constant come tax withheld or estimated tax paid. 18 Publication 501 (2023) |
Page 19 of 30 Fileid: … tions/p501/2023/a/xml/cycle05/source 6:05 - 3-Jan-2024 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. medical care, the absence may be considered scholarship and fellowship grants. Scholarships the child's own wages, even if you paid the wa- temporary. received by degree candidates and used for tui- ges. tion, fees, supplies, books, and equipment re- quired for particular courses aren’t generally in- Year support is provided. The year you pro- Death or birth. A person who died during the cluded in gross income. For more information vide the support is the year you pay for it, even if year, but lived with you as a member of your about scholarships, see chapter 1 of Pub. 970. you do so with borrowed money that you repay household until death, will meet this test. The in a later year. same is true for a child who was born during the Disabled dependent working at sheltered If you use a fiscal year to report your income, year and lived with you as a member of your workshop. For purposes of the gross income you must provide more than half of the depend- household for the rest of the year. The test is test, the gross income of an individual who is ent's support for the calendar year in which your also met if a child lived with you as a member of permanently and totally disabled at any time fiscal year begins. your household except for any required hospital during the year doesn't include income for serv- stay following birth. The test is also met for an ices the individual performs at a sheltered work- Armed Forces dependency allotments. The adopted or foster child if you adopted the per- shop. The availability of medical care at the part of the allotment contributed by the govern- son in 2023, the person was lawfully placed workshop must be the main reason for the indi- ment and the part taken out of your military pay with you for legal adoption by you in 2023, or vidual's presence there. Also, the income must are both considered provided by you in figuring the person was an eligible foster child placed come solely from activities at the workshop that whether you provide more than half of the sup- with you during 2023 and your main home was are incident to this medical care. port. If your allotment is used to support per- the person’s main home for the entire time since A “sheltered workshop” is a school that: sons other than those you name, you can claim the person was adopted or placed with you in • Provides special instruction or training de- them as dependents if they otherwise qualify. 2023. signed to alleviate the disability of the indi- If your dependent died during the year and vidual; and Example. You are in the Armed Forces. You you otherwise qualify to claim that person as a • Is operated by certain tax-exempt organi- authorize an allotment for your surviving parent dependent, you can still claim that person as a zations or by a state, a U.S. territory, a po- that your surviving parent uses to support them- dependent. litical subdivision of a state or territory, the selves and their sibling. If the allotment provides United States, or the District of Columbia. more than half of each person's support, you can claim each of them as a dependent, if they Example. Your parent, who met the tests to Permanently and totally disabled has the otherwise qualify, even though you authorize the be your qualifying relative, died on January 15. same meaning here as under Qualifying Child, allotment only for your surviving parent. You can claim your parent as a dependent on earlier. your return. Tax-exempt military quarters allowan- Local law violated. A person doesn't meet Support Test (To Be a Qualifying ces. These allowances are treated the same this test if at any time during the year the rela- Relative) way as dependency allotments in figuring sup- tionship between you and that person violates port. The allotment of pay and the tax-exempt basic allowance for quarters are both consid- local law. To meet this test, you must generally provide ered as provided by you for support. more than half of a person's total support during Example. Your significant other, T, lived the calendar year. Tax-exempt income. In figuring a person's to- with you as a member of your household all tal support, include tax-exempt income, sav- year. However, your relationship with T violated However, if two or more persons provide ings, and borrowed amounts used to support the laws of the state where you live because T support, but no one person provides more than that person. Tax-exempt income includes cer- was married to someone else. Therefore, T half of a person's total support, see Multiple tain social security benefits, welfare benefits, doesn't meet this test and you can't claim T as a Support Agreement, later. nontaxable life insurance proceeds, Armed dependent. Forces family allotments, nontaxable pensions, Adopted child. An adopted child is always How to determine if support test is met. and tax-exempt interest. treated as your own child. The term “adopted You figure whether you have provided more child” includes a child who was lawfully placed than half of a person's total support by compar- Example 1. You provide $4,000 toward with you for legal adoption. ing the amount you contributed to that person's your parent's support during the year. Your pa- support with the entire amount of support that rent has earned income of $600, nontaxable so- Cousin. Your cousin must live with you all year person received from all sources. This includes cial security benefits of $4,800, and tax-exempt as a member of your household to meet this support the person provided from the person’s interest of $200, all of which your parent uses test. own funds. for self-support. You can't claim your parent as a You may find Worksheet 2 helpful in figuring dependent because the $4,000 you provide whether you provided more than half of a per- isn't more than half of the total support of Gross Income Test son's support. $9,600 ($4,000 + $600 + $4,800 + $200). To meet this test, a person's gross income for Person's own funds not used for support. A Example 2. K, your sibling’s child, takes out the year must be less than $4,700. person's own funds aren't support unless they a student loan of $2,500 and uses it to pay col- are actually spent for support. lege tuition. K is personally responsible for the Gross income defined. Gross income is all in- loan. You provide $2,000 toward K’s total sup- come in the form of money, property, and serv- Example. Your parent received $2,400 in port. You can't claim K as a dependent because ices that isn't exempt from tax. social security benefits and $300 in interest, you provide less than half of K’s support. In a manufacturing, merchandising, or min- paid $2,000 for lodging and $400 for recreation, ing business, gross income is the total net sales and put $300 in a savings account. Social security benefits. If spouses each minus the cost of goods sold, plus any miscella- Even though your parent received a total of receive benefits that are paid by one check neous income from the business. $2,700 ($2,400 + $300), your parent spent only made out to both of them, half of the total paid Gross receipts from rental property are $2,400 ($2,000 + $400) for your parent’s own is considered to be for the support of each gross income. Don't deduct taxes, repairs, or support. If you spent more than $2,400 for your spouse, unless they can show otherwise. other expenses to determine the gross income parent’s support and no other support was re- If a child receives social security benefits from rental property. ceived, you have provided more than half of and uses them toward their own support, the Gross income includes a partner's share of your parent’s support. benefits are considered as provided by the the gross (not net) partnership income. child. Gross income also includes all taxable un- Child's wages used for own support. You employment compensation, taxable social se- can't include in your contribution to your child's curity benefits, and certain amounts received as support any support paid for by the child with Publication 501 (2023) 19 |
Page 20 of 30 Fileid: … tions/p501/2023/a/xml/cycle05/source 6:05 - 3-Jan-2024 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. Support provided by the state (welfare, The support F and M provide ($1,800 lodg- for the furniture. This doesn't include heat and food benefits, housing, etc.). Benefits provi- ing + $1,200 medical expenses + $1,040 food = utilities. The house is completely furnished with ded by the state to a needy person are gener- $4,040) is more than half of G's $6,440 total furniture belonging to your parents. You pay ally considered support provided by the state. support. $600 for their utility bills. Utilities aren't usually However, payments based on the needs of the included in rent for houses in the area where recipient won't be considered as used entirely Example 2. Your parents, A and B, live with your parents live. Therefore, you consider the for that person's support if it is shown that part you, your spouse, and your two children in a total fair rental value of the lodging to be $6,000 of the payments weren't used for that purpose. house you own. The fair rental value of your pa- ($3,600 fair rental value of the unfurnished rents' share of the lodging is $2,000 a year house + $1,800 allowance for the furnishings TANF and other governmental pay- ($1,000 each), which includes furnishings and provided by your parents + $600 cost of utilities) ments. Under proposed Treasury regulations, utilities. A receives a nontaxable pension of of which you are considered to provide $4,200 if you received TANF payments or other similar $4,200, which A spends equally between A and ($3,600 + $600). payments and used the payments to support B for items of support such as clothing, trans- another person, those payments are considered portation, and recreation. Your total food ex- Person living in their own home. The to- support you provided for that person, rather pense for the household is $6,000. Your heat tal fair rental value of a person's home that the than support provided by the government or and utility bills amount to $1,200. B has hospital person owns is considered support contributed other third party. and medical expenses of $600, which you pay by that person. during the year. Figure your parents' total sup- Living with someone rent free. If you live Foster care. Payments you receive for the sup- port as follows. with a person rent free in that person’s home, port of a foster child from a child placement agency are considered support provided by the you must reduce the amount you provide for agency. See Foster care payments and expen- Support provided A B support of that person by the fair rental value of ses, earlier. Fair rental value of lodging . . . . $1,000 $1,000 lodging the person provides you. Home for the aged. If you make a lump-sum Pension spent for their Property. Property provided as support is support . . . . . . . . . . . . . . . . . 2,100 2,100 advance payment to a home for the aged to measured by its fair market value. Fair market take care of your relative for life and the pay- Share of food (1/6 of value is the price that property would sell for on ment is based on that person's life expectancy, $6,000) . . . . . . . . . . . . . . . . . 1,000 1,000 the open market. It is the price that would be the amount of support you provide each year is Medical expenses for B . . . . . . 600 agreed upon between a willing buyer and a will- the lump-sum payment divided by the relative's ing seller, with neither being required to act, and life expectancy. The amount of support you pro- Parents' total support . . . . $4,100 $4,700 both having reasonable knowledge of the rele- vide also includes any other amounts you provi- vant facts. ded during the year. You must apply the support test separately to each parent. You provide $2,000 ($1,000 Capital expenses. Capital items, such as lodging + $1,000 food) of A's total support of furniture, appliances, and cars, bought for a per- Total Support $4,100—less than half. You provide $2,600 to B son during the year can be included in total sup- ($1,000 lodging + $1,000 food + $600 medi- port under certain circumstances. To figure if you provided more than half of a per- cal)—more than half of B’s support of $4,700. The following examples show when a capital son's support, you must first determine the total You meet the support test for B, but not for A. item is or isn't support. support provided for that person. Total support Heat and utility costs are included in the fair includes amounts spent to provide food, lodg- rental value of the lodging, so these aren't con- Example 1. You buy a $200 power lawn ing, clothing, education, medical and dental sidered separately. mower for your 13-year-old child. The child is care, recreation, transportation, and similar ne- given the duty of keeping the lawn trimmed. Be- cessities. Lodging. If you provide a person with lodging, cause the lawn mower benefits all members of you are considered to provide support equal to the household, don't include the cost of the Generally, the amount of an item of support the fair rental value of the room, apartment, lawn mower in the support of your child. is the amount of the expense incurred in provid- house, or other shelter in which the person ing that item. For lodging, the amount of support lives. Fair rental value includes a reasonable al- Example 2. You buy a $150 television set is the fair rental value of the lodging. lowance for the use of furniture and appliances, as a birthday present for your 12-year-old child. and for heat and other utilities that are provided. The television set is placed in your child's bed- Expenses not directly related to any one room. You can include the cost of the television member of a household, such as the cost of Fair rental value defined. Fair rental value set in the support of your child. food for the household, must be divided among is the amount you could reasonably expect to the members of the household. receive from a stranger for the same kind of Example 3. You pay $5,000 for a car and lodging. It is used instead of actual expenses register it in your name. You and your Example 1. G Brown, parent of M Miller, such as taxes, interest, depreciation, paint, in- 17-year-old child use the car equally. Because lives with F and M Miller and their two children. surance, utilities, and the cost of furniture and you own the car and don't give it to your child G gets social security benefits of $2,400, which appliances. In some cases, fair rental value may but merely let your child use it, don't include the G spends for clothing, transportation, and recre- be equal to the rent paid. cost of the car in your child's total support. How- ation. G has no other income. F and M's total If you provide the total lodging, the amount ever, you can include in your child's support food expense for the household is $5,200. They of support you provide is the fair rental value of your out-of-pocket expenses of operating the pay G's medical and drug expenses of $1,200. the room the person uses, or a share of the fair car for your child’s benefit. The fair rental value of the lodging provided for rental value of the entire dwelling if the person G is $1,800 a year, based on the cost of similar has use of your entire home. If you don't provide Example 4. Your 17-year-old child, using rooming facilities. Figure G's total support as the total lodging, the total fair rental value must personal funds, buys a car for $4,500. You pro- follows. be divided depending on how much of the total vide the rest of your child's support—$4,000. lodging you provide. If you provide only a part Because the car is bought and owned by your Fair rental value of lodging . . . . . . . . . . . . $ 1,800 and the person supplies the rest, the fair rental child, the car's fair market value ($4,500) must Clothing, transportation, and value must be divided between both of you ac- be included in your child’s support. Your child recreation . . . . . . . . . . . . . . . . . . . . . . . 2,400 cording to the amount each provides. has provided more than half of their own total support of $8,500 ($4,500 + $4,000), so this Medical expenses . . . . . . . . . . . . . . . . . 1,200 Example. Your parents live rent free in a child isn't your qualifying child. You didn't pro- Share of food (1/5 of $5,200) . . . . . . . . . . 1,040 house you own. It has a fair rental value of vide more than half of this child’s total support, $5,400 a year furnished, which includes a fair so this child isn't your qualifying relative. You Total support. . . . . . . . . . . . . . . $6,440 rental value of $3,600 for the house and $1,800 can't claim this child as a dependent. 20 Publication 501 (2023) |
Page 21 of 30 Fileid: … tions/p501/2023/a/xml/cycle05/source 6:05 - 3-Jan-2024 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. Medical insurance premiums. Medical insur- declaration identifying each of the others who a. Are divorced or legally separated un- ance premiums you pay, including premiums for agreed not to claim the person as a dependent der a decree of divorce or separate supplementary Medicare coverage, are inclu- must be attached to the return of the person maintenance; ded in the support you provide. claiming the person as a dependent. Form b. Are separated under a written separa- 2120, Multiple Support Declaration, can be Medical insurance benefits. Medical in- used for this purpose. tion agreement; or surance benefits, including basic and supple- c. Lived apart at all times during the last mentary Medicare benefits, aren't part of sup- You can claim someone as a dependent un- 6 months of the year, whether or not port. der a multiple support agreement for someone they are or were married. related to you or for someone who lived with Tuition payments and allowances under the you all year as a member of your household. 2. The child received over half of the child’s GI Bill. Amounts veterans receive under the GI support for the year from the parents (and Bill for tuition payments and allowances while Example 1. You, and your siblings, S, B, the rules on multiple support agreements, they attend school are included in total support. and D, provide the entire support of your parent explained earlier, don't apply). for the year. You provide 45%, S provides 35%, 3. The child is in the custody of one or both Example. During the year, your child re- and B and D each provide 10%. Either you or S parents for more than half of the year. ceives $2,200 from the government under the can claim your parent as a dependent; the one GI Bill. Your child uses this amount for your who doesn’t must sign a statement agreeing not 4. Either of the following statements is true. child’s education. You provide the rest of your to claim your parent as a dependent. The one a. The custodial parent signs a written child’s support—$2,000. Because GI benefits who claims your parent as a dependent must declaration, discussed later, that they are included in total support, your child’s total attach Form 2120, or a similar declaration, to won't claim the child as a dependent support is $4,200 ($2,200 + $2,000). You their return and must keep the statement signed for the year, and the noncustodial pa- haven't provided more than half of your child’s by the other for their records. Because neither B rent attaches this written declaration support. nor D provides more than 10% of the support, to their return. (If the decree or agree- neither can claim your parent as a dependent ment went into effect after 1984 and Childcare expenses. If you pay someone to and neither has to sign a statement. before 2009, see Post-1984 and provide child or dependent care, you can in- pre-2009 divorce decree or separa- clude these payments in the amount you provi- Example 2. You and your sibling each pro- tion agreement, later. If the decree or ded for the support of your child or disabled de- vide 20% of your parent's support for the year. agreement went into effect after 2008, pendent, even if you claim a credit for the The remaining 60% of your parent’s support is see Post-2008 divorce decree or sep- payments. For information on the credit, see provided equally by two persons who are unre- aration agreement, later.) Pub. 503. lated. Your parent doesn't live with them. Be- cause more than half of your parent’s support is b. A pre-1985 decree of divorce or sepa- Other support items. Other items may be provided by persons who can't claim your pa- rate maintenance or written separa- considered as support depending on the facts rent as a dependent, no one can claim your pa- tion agreement that applies to 2023 in each case. rent as a dependent. states that the noncustodial parent can claim the child as a dependent, Don't Include in Total Support Example 3. Your parent lives with you and the decree or agreement wasn't receives 25% of their support from social secur- changed after 1984 to say the non- The following items aren't included in total sup- ity, 40% from you, 24% from a relative, and 11% custodial parent can't claim the child port. from a friend. Either you or the relative can as a dependent, and the noncustodial claim your parent as a dependent if the other parent provides at least $600 for the 1. Federal, state, and local income taxes signs a statement agreeing not to. The one who child's support during the year. paid by persons from their own income. claims your parent as a dependent must attach 2. Social security and Medicare taxes paid Form 2120, or a similar declaration, to your pa- Custodial parent and noncustodial parent. by persons from their own income. rent’s return and must keep for your parent’s re- The custodial parent is the parent with whom cords the signed statement from the one agree- the child lived for the greater number of nights 3. Life insurance premiums. ing not to claim your parent as a dependent. during the year. The other parent is the noncus- 4. Funeral expenses. todial parent. The term “parent” means a biolog- ical or adoptive parent of an individual. It 5. Scholarships received by your child if your Support Test for Children of doesn’t include a stepparent or foster parent un- child is a student. Divorced or Separated Parents (or less that person has adopted the individual. Parents Who Live Apart) 6. Survivors' and Dependents' Educational If the parents divorced or separated during the year and the child lived with both parents Assistance payments used for the support In most cases, a child of divorced or separated before the separation, the custodial parent is of the child who receives them. parents (or parents who live apart) will be a the one with whom the child lived for the greater qualifying child of one of the parents. See Chil- number of nights during the rest of the year. Multiple Support Agreement dren of divorced or separated parents (or pa- rents who live apart) under Qualifying Child, A child is treated as living with a parent for a Sometimes no one provides more than half of earlier. However, if the child doesn't meet the re- night if the child sleeps: the support of a person. Instead, two or more quirements to be a qualifying child of either pa- • At that parent's home, whether or not the persons, each of whom would be able to claim rent, the child may be a qualifying relative of parent is present; or the person as a dependent but for the support one of the parents. In that case, the following • In the company of the parent, when the test, together provide more than half of the per- rules must be used in applying the support test. child doesn't sleep at a parent's home (for example, the parent and child are on vaca- son's support. tion together). A child who doesn’t meet the requirements When this happens, you can agree that any to be a qualifying child of either parent will be Equal number of nights. If the child lived one of you who individually provides more than treated as the qualifying relative of the child’s with each parent for an equal number of nights 10% of the person's support, but only one, can noncustodial parent if all four of the following during the year, the custodial parent is the pa- claim that person as a dependent. Each of the statements are true. rent with the higher AGI. others must sign a statement agreeing not to claim the person as a dependent for that year. 1. The parents: December 31. The night of December 31 is The person who claims the person as a de- treated as part of the year in which it begins. For pendent must keep these signed statements for example, the night of December 31, 2023, is their own records. A multiple support treated as part of 2023. Publication 501 (2023) 21 |
Page 22 of 30 Fileid: … tions/p501/2023/a/xml/cycle05/source 6:05 - 3-Jan-2024 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. Emancipated child. If a child is emancipa- attach pages from the decree or agreement to If you don't show the dependent's SSN ted under state law, the child is not under the the tax return instead of Form 8332 if the decree ! when required or if you show an incor- custody of either parent and time lived with a or agreement went into effect after 2008. The CAUTION rect SSN, certain tax benefits may be parent after emancipation does not count for custodial parent must sign either Form 8332 or disallowed. purposes of determining who is the custodial a similar statement whose only purpose is to re- parent. lease the custodial parent's claim to an exemp- No SSN. If a person whom you expect to claim tion, and the noncustodial parent must attach a as a dependent on your return doesn't have an Absences. If a child wasn't with either pa- copy to their return. The form or statement must SSN, either you or that person should apply for rent on a particular night (because, for example, release the custodial parent's claim to the child an SSN as soon as possible by filing Form the child was staying at a friend's house), the without any conditions. For example, the re- SS-5, Application for a Social Security Card, child is treated as living with the parent with lease must not depend on the noncustodial pa- with the Social Security Administration (SSA). whom the child normally would have lived for rent paying support. You can get Form SS-5 online at SSA.gov/ that night. But if it can't be determined with which parent the child normally would have The noncustodial parent must attach forms/ss-5.pdf or at your local SSA office. lived or if the child wouldn't have lived with ei- ! the required information even if it was It usually takes about 2 weeks to get an SSN ther parent that night, the child is treated as not CAUTION filed with a return in an earlier year. once the SSA has all the information it needs. If living with either parent that night. you don't have a required SSN by the filing due Revocation of release of claim to an ex- date, you can file Form 4868, Application for Parent works at night. If, due to a parent's emption. The custodial parent can revoke a re- Automatic Extension of Time To File U.S. Indi- nighttime work schedule, a child lives for a lease of claim to an exemption that they previ- vidual Income Tax Return, for an extension of greater number of days, but not nights, with the ously released to the noncustodial parent. For time to file. parent who works at night, that parent is treated the revocation to be effective for 2023, the cus- as the custodial parent. On a school day, the todial parent must have given (or made reason- Born and died in 2023. If your child was child is treated as living at the primary resi- able efforts to give) written notice of the revoca- born and died in 2023, and you don't have an dence registered with the school. tion to the noncustodial parent in 2022 or SSN for the child, you may attach a copy of the earlier. The custodial parent can use Part III of child's birth certificate, death certificate, or hos- Written declaration. The custodial parent Form 8332 for this purpose and must attach a pital records instead. The document must show must use either Form 8332 or a similar state- copy of the revocation to their return for each the child was born alive. If you do this, enter ment (containing the same information required tax year the custodial parent claims the child as “DIED” in column (2) of the Dependents section by the form) to make the written declaration to a dependent as a result of the revocation. of your Form 1040 or 1040-SR. release a claim to an exemption for a child to the noncustodial parent. Although the exemp- Remarried parent. If you remarry, the support Alien or adoptee with no SSN. If your de- tion amount is zero for tax year 2023, this re- provided by your new spouse is treated as pro- pendent doesn't have and can't get an SSN, lease allows the noncustodial parent to claim vided by you. you must show the ITIN or adoption taxpayer the child tax credit, credit for other dependents, identification number (ATIN) instead of an SSN. or additional child tax credit, if applicable, Child support under pre-1985 agreement. Taxpayer identification numbers for ali- based on the child being a qualifying child. The All child support payments actually received ens. If your dependent is a resident or nonresi- noncustodial parent must attach a copy of the from the noncustodial parent under a pre-1985 dent alien who doesn't have and isn't eligible to form or statement to their tax return. agreement are considered used for the support get an SSN, your dependent must apply for an The release can be for 1 year, for a number of the child. ITIN. For details on how to apply, see Form of specified years (for example, alternate W-7, Application for IRS Individual Taxpayer years), or for all future years, as specified in the Example. Under a pre-1985 agreement, Identification Number. declaration. the noncustodial parent provides $1,200 for the child's support. This amount is considered sup- Taxpayer identification numbers for Post-1984 and pre-2009 divorce decree port provided by the noncustodial parent even if adoptees. If you have a child who was placed or separation agreement. If the divorce de- the $1,200 was actually spent on things other with you by an authorized placement agency, cree or separation agreement went into effect than support. you may be able to claim the child as a depend- after 1984 and before 2009, the noncustodial ent. However, if you can't get an SSN or an ITIN parent may be able to attach certain pages from Alimony. Payments to a spouse that are ali- for the child, you must get an ATIN for the child the decree or agreement instead of Form 8332. mony or separate maintenance payments, or from the IRS. See Form W-7A, Application for The decree or agreement must state all three of similar payments from an estate or trust, aren't Taxpayer Identification Number for Pending U.S. the following. treated as a payment for the support of a de- Adoptions, for details. 1. The noncustodial parent can claim the pendent. child as a dependent without regard to any condition, such as payment of support. Parents who never married. This special rule for divorced or separated parents also applies Standard Deduction 2. The custodial parent won't claim the child to parents who never married and lived apart at as a dependent for the year. all times during the last 6 months of the year. Most taxpayers have a choice of either taking a standard deduction or itemizing their deduc- 3. The years for which the noncustodial pa- Multiple support agreement. If the support of tions. If you have a choice, you can use the rent, rather than the custodial parent, can the child is determined under a multiple support method that gives you the lower tax. claim the child as a dependent. agreement, this special support test for di- The noncustodial parent must attach all of vorced or separated parents (or parents who The standard deduction is a dollar amount the following pages of the decree or agreement live apart) doesn't apply. that reduces your taxable income. It is a benefit that eliminates the need for many taxpayers to to their tax return. itemize actual deductions, such as medical ex- • The cover page (write the other parent's penses, charitable contributions, and taxes, on SSN on this page). Social Security Numbers Schedule A (Form 1040). The standard deduc- • The pages that include all of the informa- tion is higher for taxpayers who: tion identified in items (1) through (3) (SSNs) for Dependents • Are 65 or older, or above. • Are blind. • The signature page with the other parent's You must show the SSN of any dependent you signature and the date of the agreement. list in the Dependents section of your Form You benefit from the standard deduc- 1040 or 1040-SR. TIP tion if your standard deduction is more Post-2008 divorce decree or separation than the total of your allowable itemized agreement. The noncustodial parent can't deductions. 22 Publication 501 (2023) |
Page 23 of 30 Fileid: … tions/p501/2023/a/xml/cycle05/source 6:05 - 3-Jan-2024 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. Persons not eligible for the standard de- Higher Standard Deduction for Example 3. Dylan and Dru are filing a joint duction. Your standard deduction is zero and Blindness return for 2023. Both are over age 65. Neither is you should itemize any deductions you have if: blind, and neither can be claimed as a depend- 1. Your filing status is married filing sepa- If you are blind on the last day of the year and ent. If they don't itemize deductions, they use rately, and your spouse itemizes deduc- you don't itemize deductions, you are entitled to Table 7. Their standard deduction is $30,700. tions on their return; a higher standard deduction. 2. You are filing a tax return for a short tax Not totally blind. If you aren't totally blind, you Standard Deduction for year because of a change in your annual must get a certified statement from an eye doc- Dependents accounting period; or tor (ophthalmologist or optometrist) stating that: The standard deduction for an individual who 3. You are a nonresident or dual-status alien 1. You can't see better than 20/200 in the can be claimed as a dependent on another per- during the year. You are considered a better eye with glasses or contact lenses, son's tax return is generally limited to the dual-status alien if you were both a non- or greater of: resident and resident alien during the year. 2. Your field of vision is 20 degrees or less. 1. $1,250, or If you are a nonresident alien who is married to a U.S. citizen or resident alien at the end of the If your eye condition isn't likely to improve 2. The individual's earned income for the year, you can choose to be treated as a U.S. beyond these limits, the statement should in- year plus $400 (but not more than the reg- resident (see Pub. 519). If you make this choice, clude this fact. Keep the statement in your re- ular standard deduction amount, generally you can take the standard deduction. cords. $13,850). If your vision can be corrected beyond these If you can be claimed as a dependent limits only by contact lenses that you can wear However, if the individual is 65 or older or blind, ! on another person's return (such as only briefly because of pain, infection, or ulcers, the standard deduction may be higher. CAUTION your parents' return), your standard de- you can take the higher standard deduction for If you (or your spouse if filing jointly) can be duction may be limited. See Standard Deduc- blindness if you otherwise qualify. claimed as a dependent on someone else's re- tion for Dependents, later. turn, use Table 8 to determine your standard de- Spouse 65 or Older or Blind duction. Earned income defined. Earned income Standard Deduction Amount You can take the higher standard deduction if is salaries, wages, tips, professional fees, and The standard deduction amount depends on your spouse is age 65 or older or blind and: other amounts received as pay for work you ac- your filing status, whether you are 65 or older or 1. You file a joint return, or tually perform. blind, and whether another taxpayer can claim For purposes of the standard deduction, you as a dependent. Generally, the standard 2. You file a separate return and your spouse earned income also includes any part of a taxa- deduction amounts are adjusted each year for had no gross income and can't be claimed ble scholarship or fellowship grant. See chap- inflation. The standard deduction amounts for as a dependent by another taxpayer. ter 1 of Pub. 970 for more information on what most people are shown in Table 6. qualifies as a scholarship or fellowship grant. Death of spouse. If your spouse died in 2023 Decedent's final return. The standard deduc- before reaching age 65, you can't take a higher Example 1. You are 16 years old and sin- tion for a decedent's final tax return is the same standard deduction because of your spouse. gle. Your parents can claim you as a dependent as it would have been had the decedent contin- Even if your spouse was born before January 2, on their 2023 tax return. You have interest in- ued to live. However, if the decedent wasn't 65 1959, your spouse isn’t considered 65 or older come of $780 and wages of $150. You have no or older at the time of death, the higher stand- at the end of 2023 unless your spouse was 65 itemized deductions and use Table 8 to find ard deduction for age can't be claimed. or older at the time of death. your standard deduction. You enter $150 A person is considered to reach age 65 on (earned income) on line 1, $550 ($150 + $400) the day before the person’s 65th birthday. Higher Standard Deduction for on line 3, $1,250 (the larger of $550 and $1,250) on line 5, and $13,850 on line 6. Your Age (65 or Older) Example. Your spouse was born on Febru- standard deduction, on line 7a, is $1,250 (the ary 14, 1958, and died on February 13, 2023. smaller of $1,250 and $13,850). If you are age 65 or older on the last day of the Your spouse is considered age 65 at the time of year and don't itemize deductions, you are enti- death. However, if your spouse died on Febru- Example 2. You are a 22-year-old college tled to a higher standard deduction. You are ary 12, 2023, your spouse isn't considered age student and can be claimed as a dependent on considered 65 on the day before your 65th birth- 65 at the time of death and isn't 65 or older at your parents' 2023 tax return. You are married day. Therefore, you can take a higher standard the end of 2023. filing a separate return. Your spouse doesn't deduction for 2023 if you were born before Jan- uary 2, 1959. You can't claim the higher standard de- itemize deductions. You have $1,500 in interest duction for an individual other than income and wages of $3,800 and no itemized Use Table 7 to figure the standard deduction CAUTION! yourself and your spouse. deductions. You find your standard deduction amount. by using Table 8. You enter earned income of $3,800 on line 1. You add lines 1 and 2 and en- Death of taxpayer. If you are preparing a re- Examples ter $4,200 on line 3. On line 5, you enter turn for someone who died in 2023, consider $4,200, the larger of lines 3 and 4. Because you the taxpayer to be 65 or older at the end of 2023 The following examples illustrate how to deter- are married filing a separate return, you enter only if the taxpayer was 65 or older at the time mine your standard deduction using Table 6 and $13,850 on line 6. On line 7a, you enter $4,200 of death. Even if the taxpayer was born before Table 7. as the standard deduction amount because it is January 2, 1959, the taxpayer isn't considered smaller than $13,850, the amount on line 6. 65 or older at the end of 2023 unless the tax- Example 1. Hunter, 46, and Avery, 33, are payer was 65 or older at the time of death. filing a joint return for 2023. Neither is blind, and Example 3. You are single and can be A person is considered to reach age 65 on neither can be claimed as a dependent. They claimed as a dependent on your parents' 2023 the day before the person’s 65th birthday. decide not to itemize their deductions. They use tax return. You are 18 years old and blind, and Table 6. Their standard deduction is $27,700. have interest income of $1,300, wages of $2,900, and no itemized deductions. You use Example 2. The facts are the same as in Table 8 to find the standard deduction amount. Example 1, except that Hunter is blind at the You enter wages of $2,900 on line 1 and add end of 2023. Hunter and Avery use Table 7. lines 1 and 2 and enter $3,300 on line 3. On Their standard deduction is $29,200. line 5, you enter $3,300, the larger of lines 3 Publication 501 (2023) 23 |
Page 24 of 30 Fileid: … tions/p501/2023/a/xml/cycle05/source 6:05 - 3-Jan-2024 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. and 4. Because you are single, you enter When to itemize. You may benefit from Changing your mind. If you don't itemize your $13,850 on line 6 and $3,300 on line 7a. This is itemizing your deductions on Schedule A (Form deductions and later find that you should have the smaller of the amounts on lines 5 and 6. Be- 1040) if you: itemized—or if you itemize your deductions and cause you checked one box in the top part of 1. Don't qualify for the standard deduction, later find you shouldn't have—you can change the worksheet, you enter $1,850 on line 7b, then your return by filing Form 1040-X. add the amounts on lines 7a and 7b and enter 2. Had large uninsured medical and dental the standard deduction amount of $5,150 on expenses during the year, Married persons who filed separate re- turns. You can change methods of taking de- line 7c. 3. Paid interest and taxes on your home, ductions only if you and your spouse both make Example 4. You are 18 years old and single 4. Had large uninsured casualty or theft los- the same changes. Both of you must file a con- and can be claimed as a dependent on your pa- ses, sent to assessment for any additional tax either rents’ 2023 tax return. You have wages of one may owe as a result of the change. $7,000, interest income of $500, a business 5. Made large contributions to qualified chari- You and your spouse can use the method loss of $3,000, and no itemized deductions. You ties, or that gives you the lower total tax, even though use Table 8 to figure the standard deduction 6. Have total itemized deductions that are one of you may pay more tax than you would amount. You enter $4,000 ($7,000 − $3,000) on more than the standard deduction to which have paid by using the other method. You both line 1, add lines 1 and 2, and enter $4,400 on you are otherwise entitled. must use the same method of claiming deduc- line 3. On line 5, you enter $4,400, the larger of tions. If one itemizes deductions, the other lines 3 and 4, and, because you are single, If you decide to itemize your deductions, should itemize because the other spouse won't $13,850 on line 6. On line 7a, you enter $4,400 complete Schedule A and attach it to your Form qualify for the standard deduction. See Persons as the standard deduction amount because it is 1040 or 1040-SR. Enter the amount from not eligible for the standard deduction, earlier. smaller than $13,850, the amount on line 6. Schedule A, line 17, on Form 1040 or 1040-SR, line 12. 2023 Standard Who Should Itemize Electing to itemize for state tax or other purposes. Even if your itemized deductions Deduction Tables You should itemize deductions if your total de- are less than your standard deduction, you can ductions are more than the standard deduction elect to itemize deductions on your federal re- If you are married filing a separate re- amount. Also, you should itemize if you don't turn rather than take the standard deduction. ! turn and your spouse itemizes deduc- qualify for the standard deduction, as dis- You may want to do this if, for example, the tax CAUTION tions, or if you are a dual-status alien, cussed, earlier, under Persons not eligible for benefit of itemizing your deductions on your you can't take the standard deduction even if the standard deduction. state tax return is greater than the tax benefit you were born before January 2, 1959, or are You should first figure your itemized deduc- you lose on your federal return by not taking the blind. tions and compare that amount to your standard standard deduction. To make this election, you deduction to make sure you are using the must check the box on line 18 of Schedule A. method that gives you the greater benefit. Table 6. Standard Deduction Chart for Most People* IF your filing status is... YOUR standard deduction is... Single or Married filing separately $13,850 Married filing jointly or Qualifying surviving spouse 27,700 Head of household 20,800 * Don't use this chart if you were born before January 2, 1959, or are blind, or if someone else can claim you (or your spouse if filing jointly) as a dependent. Use Table 7 or Table 8 instead. 24 Publication 501 (2023) |
Page 25 of 30 Fileid: … tions/p501/2023/a/xml/cycle05/source 6:05 - 3-Jan-2024 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. Table 7. Standard Deduction Chart for People Born Before January 2, 1959, or Who Are Blind* Check the correct number of boxes below. Then go to the chart. You: Born before January 2, 1959 Blind Your spouse: Born before January 2, 1959 Blind Total number of boxes you checked IF your filing status is... AND the number in the box above is... THEN your standard deduction is... 1 $15,700 Single 2 17,550 1 $29,200 Married filing jointly 2 30,700 3 32,200 4 33,700 1 $29,200 Qualifying surviving spouse 2 30,700 1 $15,350 Married filing separately** 2 16,850 3 18,350 4 19,850 1 $22,650 Head of household 2 24,500 * If someone else can claim you (or your spouse if filing jointly) as a dependent, use Table 8 instead. ** You can check the boxes for “Your spouse” if your filing status is married filing separately and your spouse had no income, isn't filing a return, and can't be claimed as a dependent on another person's tax return. Publication 501 (2023) 25 |
Page 26 of 30 Fileid: … tions/p501/2023/a/xml/cycle05/source 6:05 - 3-Jan-2024 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. Table 8. Standard Deduction Worksheet for Dependents Use this worksheet only if someone else can claim you (or your spouse if filing jointly) as a dependent. Keep for Your Records Check the correct number of boxes below. Then go to the worksheet. You: Born before January 2, 1959 Blind Your spouse: Born before January 2, 1959 Blind Total number of boxes you checked 1. Enter your earned income (defined below). If none, enter -0-. 1. 2. Additional amount. 2. $400 3. Add lines 1 and 2. 3. 4. Minimum standard deduction. 4. $1,250 5. Enter the larger of line 3 or line 4. 5. 6. Enter the amount shown below for your filing status. • Single or Married filing separately—$13,850 6. • Married filing jointly—$27,700 • Head of household—$20,800 7. Standard deduction. a. Enter the smaller of line 5 or line 6. If born after January 1, 1959, and not blind, stop here. This is your standard deduction. Otherwise, go on to line 7b. 7a. b. If born before January 2, 1959, or blind, multiply $1,850 ($1,500 if married) by the number in the box above. 7b. c. Add lines 7a and 7b. This is your standard deduction for 2023. 7c. Earned income includes wages, salaries, tips, professional fees, and other compensation received for personal services you performed. It also includes any taxable scholarship or fellowship grant. preparation may not be available through Also, the IRS offers Free Fillable Forms, Free File. Go to IRS.gov/FreeFile to see if which can be completed online and then How To Get Tax Help you qualify for free online federal tax prep- e-filed regardless of income. aration, e-filing, and direct deposit or pay- If you have questions about a tax issue; need ment options. Using online tools to help prepare your re- help preparing your tax return; or want to down- • VITA. The Volunteer Income Tax Assis- turn. Go to IRS.gov/Tools for the following. load free publications, forms, or instructions, go tance (VITA) program offers free tax help to • The Earned Income Tax Credit Assistant to IRS.gov to find resources that can help you people with low-to-moderate incomes, per- (IRS.gov/EITCAssistant) determines if right away. sons with disabilities, and limited-Eng- you’re eligible for the earned income credit lish-speaking taxpayers who need help (EIC). Preparing and filing your tax return. After preparing their own tax returns. Go to • The Online EIN Application IRS.gov/EIN ( ) receiving all your wage and earnings state- IRS.gov/VITA, download the free IRS2Go helps you get an employer identification ments (Forms W-2, W-2G, 1099-R, 1099-MISC, app, or call 800-906-9887 for information number (EIN) at no cost. 1099-NEC, etc.); unemployment compensation on free tax return preparation. • The Tax Withholding Estimator IRS.gov/ ( statements (by mail or in a digital format) or • TCE. The Tax Counseling for the Elderly W4App) makes it easier for you to estimate other government payment statements (Form (TCE) program offers free tax help for all the federal income tax you want your em- 1099-G); and interest, dividend, and retirement taxpayers, particularly those who are 60 ployer to withhold from your paycheck. statements from banks and investment firms years of age and older. TCE volunteers This is tax withholding. See how your with- (Forms 1099), you have several options to specialize in answering questions about holding affects your refund, take-home pay, choose from to prepare and file your tax return. pensions and retirement-related issues or tax due. You can prepare the tax return yourself, see if unique to seniors. Go to IRS.gov/TCE or • The First-Time Homebuyer Credit Account you qualify for free tax preparation, or hire a tax download the free IRS2Go app for informa- Look-up IRS.gov/HomeBuyer ( ) tool pro- professional to prepare your return. tion on free tax return preparation. vides information on your repayments and • MilTax. Members of the U.S. Armed account balance. Free options for tax preparation. Your op- Forces and qualified veterans may use Mil- • The Sales Tax Deduction Calculator tions for preparing and filing your return online Tax, a free tax service offered by the De- (IRS.gov/SalesTax) figures the amount you or in your local community, if you qualify, include partment of Defense through Military One- can claim if you itemize deductions on the following. Source. For more information, go to Schedule A (Form 1040). • Free File. This program lets you prepare MilitaryOneSource MilitaryOneSource.mil/ ( and file your federal individual income tax MilTax). Getting answers to your tax ques- return for free using software or Free File tions. On IRS.gov, you can get Fillable Forms. However, state tax 26 Publication 501 (2023) |
Page 27 of 30 Fileid: … tions/p501/2023/a/xml/cycle05/source 6:05 - 3-Jan-2024 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. up-to-date information on current events and sentations for individuals, small businesses, • Access your tax records, including key changes in tax law. and tax professionals. data from your most recent tax return, and transcripts. • IRS.gov/Help: A variety of tools to help you Online tax information in other languages. • View digital copies of select notices from get answers to some of the most common You can find information on IRS.gov/ the IRS. tax questions. MyLanguage if English isn’t your native lan- • Approve or reject authorization requests • IRS.gov/ITA: The Interactive Tax Assistant, guage. from tax professionals. a tool that will ask you questions and, View your address on file or manage your • based on your input, provide answers on a Free Over-the-Phone Interpreter (OPI) Serv- communication preferences. number of tax topics. ice. The IRS is committed to serving taxpayers • IRS.gov/Forms: Find forms, instructions, with limited-English proficiency (LEP) by offer- Get a transcript of your return. With an on- and publications. You will find details on ing OPI services. The OPI Service is a federally line account, you can access a variety of infor- the most recent tax changes and interac- funded program and is available at Taxpayer mation to help you during the filing season. You tive links to help you find answers to your Assistance Centers (TACs), most IRS offices, can get a transcript, review your most recently questions. and every VITA/TCE tax return site. The OPI filed tax return, and get your adjusted gross in- • You may also be able to access tax infor- Service is accessible in more than 350 lan- come. Create or access your online account at mation in your e-filing software. guages. IRS.gov/Account. Need someone to prepare your tax return? Accessibility Helpline available for taxpay- Tax Pro Account. This tool lets your tax pro- There are various types of tax return preparers, ers with disabilities. Taxpayers who need in- fessional submit an authorization request to ac- including enrolled agents, certified public ac- formation about accessibility services can call cess your individual taxpayer IRS online ac- countants (CPAs), accountants, and many oth- 833-690-0598. The Accessibility Helpline can count. For more information, go to IRS.gov/ ers who don’t have professional credentials. If answer questions related to current and future TaxProAccount. you choose to have someone prepare your tax accessibility products and services available in return, choose that preparer wisely. A paid tax alternative media formats (for example, braille, Using direct deposit. The safest and easiest preparer is: large print, audio, etc.). The Accessibility Help- way to receive a tax refund is to e-file and • Primarily responsible for the overall sub- line does not have access to your IRS account. choose direct deposit, which securely and elec- stantive accuracy of your return, For help with tax law, refunds, or account-rela- tronically transfers your refund directly into your • Required to sign the return, and ted issues, go to IRS.gov/LetUsHelp. financial account. Direct deposit also avoids the possibility that your check could be lost, stolen, • Required to include their preparer tax iden- Note. Form 9000, Alternative Media Prefer- destroyed, or returned undeliverable to the IRS. tification number (PTIN). ence, or Form 9000(SP) allows you to elect to Eight in 10 taxpayers use direct deposit to re- Although the tax preparer always signs receive certain types of written correspondence ceive their refunds. If you don’t have a bank ac- ! the return, you're ultimately responsible in the following formats. count, go to IRS.gov/DirectDeposit for more in- CAUTION for providing all the information re- • Standard Print. formation on where to find a bank or credit quired for the preparer to accurately prepare • Large Print. union that can open an account online. your return and for the accuracy of every item reported on the return. Anyone paid to prepare • Braille. Reporting and resolving your tax-related tax returns for others should have a thorough • Audio (MP3). identity theft issues. understanding of tax matters. For more informa- • Tax-related identity theft happens when tion on how to choose a tax preparer, go to Tips • Plain Text File (TXT). someone steals your personal information for Choosing a Tax Preparer on IRS.gov. • Braille Ready File (BRF). to commit tax fraud. Your taxes can be af- fected if your SSN is used to file a fraudu- Disasters. Go to IRS.gov/DisasterRelief to re- lent return or to claim a refund or credit. Employers can register to use Business view the available disaster tax relief. • The IRS doesn’t initiate contact with tax- Services Online. The Social Security Adminis- payers by email, text messages (including tration (SSA) offers online service at SSA.gov/ Getting tax forms and publications. Go to shortened links), telephone calls, or social employer for fast, free, and secure W-2 filing op- IRS.gov/Forms to view, download, or print all media channels to request or verify per- tions to CPAs, accountants, enrolled agents, the forms, instructions, and publications you sonal or financial information. This includes and individuals who process Form W-2, Wage may need. Or, you can go to IRS.gov/ requests for personal identification num- and Tax Statement, and Form W-2c, Corrected OrderForms to place an order. bers (PINs), passwords, or similar informa- Wage and Tax Statement. tion for credit cards, banks, or other finan- Getting tax publications and instructions in cial accounts. IRS social media. Go to IRS.gov/SocialMedia eBook format. Download and view most tax Go to IRS.gov/IdentityTheft, the IRS Iden- to see the various social media tools the IRS publications and instructions (including the In- • tity Theft Central webpage, for information uses to share the latest information on tax structions for Form 1040) on mobile devices as on identity theft and data security protec- changes, scam alerts, initiatives, products, and eBooks at IRS.gov/eBooks. tion for taxpayers, tax professionals, and services. At the IRS, privacy and security are IRS eBooks have been tested using Apple's businesses. If your SSN has been lost or our highest priority. We use these tools to share iBooks for iPad. Our eBooks haven’t been tes- stolen or you suspect you’re a victim of public information with you. Don’t post your so- ted on other dedicated eBook readers, and tax-related identity theft, you can learn cial security number (SSN) or other confidential eBook functionality may not operate as inten- what steps you should take. information on social media sites. Always pro- ded. • Get an Identity Protection PIN (IP PIN). IP tect your identity when using any social net- PINs are six-digit numbers assigned to tax- working site. Access your online account (individual tax- payers to help prevent the misuse of their The following IRS YouTube channels provide payers only). Go to IRS.gov/Account to se- SSNs on fraudulent federal income tax re- short, informative videos on various tax-related curely access information about your federal tax turns. When you have an IP PIN, it pre- topics in English, Spanish, and ASL. account. vents someone else from filing a tax return • Youtube.com/irsvideos. • View the amount you owe and a break- with your SSN. To learn more, go to • Youtube.com/irsvideosmultilingua. down by tax year. IRS.gov/IPPIN. • Youtube.com/irsvideosASL. • See payment plan details or apply for a new payment plan. Ways to check on the status of your refund. Watching IRS videos. The IRS Video portal • Make a payment or view 5 years of pay- • Go to IRS.gov/Refunds. (IRSVideos.gov) contains video and audio pre- ment history and any pending or sched- • Download the official IRS2Go app to your uled payments. mobile device to check your refund status. Publication 501 (2023) 27 |
Page 28 of 30 Fileid: … tions/p501/2023/a/xml/cycle05/source 6:05 - 3-Jan-2024 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. • Call the automated refund hotline at It can take up to 3 weeks from the date help you understand what these rights mean to 800-829-1954. ! you filed your amended return for it to you and how they apply. These are your rights. CAUTION show up in our system, and processing Know them. Use them. The IRS can’t issue refunds before it can take up to 16 weeks. CAUTION the EIC or the additional child tax credit ! mid-February for returns that claimed What Can TAS Do for You? (ACTC). This applies to the entire refund, not Understanding an IRS notice or letter just the portion associated with these credits. you’ve received. Go to IRS.gov/Notices to find TAS can help you resolve problems that you additional information about responding to an can’t resolve with the IRS. And their service is IRS notice or letter. Making a tax payment. Payments of U.S. tax free. If you qualify for their assistance, you will be assigned to one advocate who will work with must be remitted to the IRS in U.S. dollars. Responding to an IRS notice or letter. You you throughout the process and will do every- Digital assets are not accepted. Go to IRS.gov/ can now upload responses to all notices and thing possible to resolve your issue. TAS can Payments for information on how to make a pay- letters using the Document Upload Tool. For no- help you if: ment using any of the following options. tices that require additional action, taxpayers • Your problem is causing financial difficulty • IRS Direct Pay: Pay your individual tax bill will be redirected appropriately on IRS.gov to for you, your family, or your business; or estimated tax payment directly from your take further action. To learn more about the tool, • You face (or your business is facing) an im- checking or savings account at no cost to go to IRS.gov/Upload. mediate threat of adverse action; or you. • You’ve tried repeatedly to contact the IRS • Debit Card, Credit Card, or Digital Wallet: Note. You can use Schedule LEP (Form but no one has responded, or the IRS Choose an approved payment processor 1040), Request for Change in Language Prefer- hasn’t responded by the date promised. to pay online or by phone. ence, to state a preference to receive notices, • Electronic Funds Withdrawal: Schedule a letters, or other written communications from payment when filing your federal taxes us- the IRS in an alternative language. You may not How Can You Reach TAS? ing tax return preparation software or immediately receive written communications in through a tax professional. the requested language. The IRS’s commitment TAS has offices in every state, the District of • Electronic Federal Tax Payment System: to LEP taxpayers is part of a multi-year timeline Columbia, and Puerto Rico. To find your advo- Best option for businesses. Enrollment is that began providing translations in 2023. You cate’s number: required. will continue to receive communications, includ- • Go to TaxpayerAdvocate.IRS.gov/Contact- • Check or Money Order: Mail your payment ing notices and letters, in English until they are Us; to the address listed on the notice or in- translated to your preferred language. • Download Pub. 1546, The Taxpayer Advo- structions. cate Service Is Your Voice at the IRS, avail- • Cash: You may be able to pay your taxes Contacting your local TAC. Keep in mind, able at IRS.gov/pub/irs-pdf/p1546.pdf; with cash at a participating retail store. many questions can be answered on IRS.gov • Call the IRS toll free at 800-TAX-FORM • Same-Day Wire: You may be able to do without visiting a TAC. Go to IRS.gov/LetUsHelp (800-829-3676) to order a copy of Pub. same-day wire from your financial institu- for the topics people ask about most. If you still 1546; tion. Contact your financial institution for need help, TACs provide tax help when a tax is- • Check your local directory; or availability, cost, and time frames. sue can’t be handled online or by phone. All • Call TAS toll free at 877-777-4778. TACs now provide service by appointment, so Note. The IRS uses the latest encryption you’ll know in advance that you can get the How Else Does TAS Help technology to ensure that the electronic pay- service you need without long wait times. Be- Taxpayers? ments you make online, by phone, or from a fore you visit, go to IRS.gov/TACLocator to find mobile device using the IRS2Go app are safe the nearest TAC and to check hours, available and secure. Paying electronically is quick, easy, services, and appointment options. Or, on the TAS works to resolve large-scale problems that and faster than mailing in a check or money or- IRS2Go app, under the Stay Connected tab, affect many taxpayers. If you know of one of der. choose the Contact Us option and click on “Lo- these broad issues, report it to TAS at IRS.gov/ cal Offices.” SAMS. Be sure to not include any personal tax- What if I can’t pay now? Go to IRS.gov/ payer information. Payments for more information about your op- tions. The Taxpayer Advocate Low Income Taxpayer Clinics • Apply for an online payment agreement Service (TAS) Is Here To (IRS.gov/OPA) to meet your tax obligation (LITCs) in monthly installments if you can’t pay Help You your taxes in full today. Once you complete What Is TAS? LITCs are independent from the IRS and TAS. the online process, you will receive imme- LITCs represent individuals whose income is diate notification of whether your agree- TAS is an independent organization within the below a certain level and who need to resolve ment has been approved. IRS that helps taxpayers and protects taxpayer tax problems with the IRS. LITCs can represent • Use the Offer in Compromise Pre-Qualifier rights. TAS strives to ensure that every taxpayer taxpayers in audits, appeals, and tax collection to see if you can settle your tax debt for is treated fairly and that you know and under- disputes before the IRS and in court. In addi- less than the full amount you owe. For stand your rights under the Taxpayer Bill of tion, LITCs can provide information about tax- more information on the Offer in Compro- Rights. payer rights and responsibilities in different lan- mise program, go to IRS.gov/OIC. guages for individuals who speak English as a second language. Services are offered for free Filing an amended return. Go to IRS.gov/ How Can You Learn About Your or a small fee. For more information or to find an Form1040X for information and updates. Taxpayer Rights? LITC near you, go to the LITC page at TaxpayerAdvocate.IRS.gov/LITC or see IRS Checking the status of your amended re- The Taxpayer Bill of Rights describes 10 basic Pub. 4134, Low Income Taxpayer Clinic List, at turn. Go to IRS.gov/WMAR to track the status rights that all taxpayers have when dealing with IRS.gov/pub/irs-pdf/p4134.pdf. of Form 1040-X amended returns. the IRS. Go to TaxpayerAdvocate.IRS.gov to 28 Publication 501 (2023) |
Page 29 of 30 Fileid: … tions/p501/2023/a/xml/cycle05/source 6:05 - 3-Jan-2024 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. To help us develop a more useful index, please let us know if you have ideas for index entries. Index See “Comments and Suggestions” in the “Introduction” for the ways you can reach us. Investment income of child under Home: A age 18 3 4, F Aged, home for 20 Kidnapped 13 18, Abroad, citizens living, filing Social security number 22 Fair rental value 20 Cost of keeping up 8 requirements 3 Figures (See Tables and figures) Household workers 11 Absence, temporary 9 13 18, , Stillborn 13 Accounting periods, joint Church employees, filing Filing requirements 2 5- returns 6 requirements (Table 3) 5 Filing status 5 10- I Adopted child 12 19, Citizen or resident test 12 Annulled marriages 5 Income: Taxpayer identification Citizens outside U.S., filing Change to: Gross 19 number 22 requirements 3 Joint return after separate Tax exempt 19 Advance payment of premium tax Common law marriage 6 returns 8 Individual retirement credit 5 Community property states 7 Separate returns after joint arrangements (IRAs): Age: Cousin 19 return 8 9, Filing requirements (Table 3) 5 Filing status determination 3 Credit, premium tax 5 Determination of 3 5, Married filing separately 7 Gross income and filing Custody of child 13 Head of household 6 8, Individual taxpayer identification Marital status, determination numbers (ITINs) 1 22, requirements (Table 1) 2 of 5 Innocent spouse relief 6 Standard deduction for age 65 or D Married filing jointly (See Joint Insurance premiums: older 23 Death: returns) Life 21 Test 12 Of child 13 Married filing separately Medical 21 Aliens: Of dependent 9 19, (See Married filing IRAs (See Individual retirement Dual-status (See Dual-status Of spouse 3 6 19 23, , , separately) arrangements (IRAs)) taxpayers) Unmarried persons (See Single Itemized deductions: Nonresident (See Nonresident Of taxpayer 3 23, taxpayers) aliens) Decedents 6 23, Food benefits 20 Changing from standard to Alimony 22 (See also Death of spouse) itemized deduction (or vice Alternative minimum tax (AMT), Filing requirements 3 Foreign employment, filing versa) 24 requirements 3 Choosing to itemize 24 effect on filing requirements Deductions: Foreign students 12 Married filing separately 24 (Table 3) 5 Standard deduction 22 Form 1040 or 1040-SR: When to itemize 24 Amended returns 8 24, Dependent taxpayer test 11 Social security numbers 22 ITINs (Individual taxpayer (See also Form 1040-X) Dependents 11 Use of 7 identification numbers) 22 Change from itemized to Birth of 19 Form 1040-X: standard deduction (or vice Born and died within year 22 Change of filing status 8 J versa) 24 Child's earnings 3 Itemized deductions, change to American citizens abroad 3 Death of 19 standard deduction 24 Joint return test 12 15, Annulled marriages, filing Earned income 3 Standard deduction, change to Joint returns 6 7, status 5 Armed forces: Filing requirements 3 4, itemized deductions 24 Dependents on 18 Combat zone, signing return for Married, filing joint return 12 15, Form 1095-A 5 spouse 7 Not allowed to claim Form 1099-B 5 K Dependency allotments 19 dependents 11 Form 8814, parents' election to GI Bill benefits 21 Qualifying child 12 report child's interest and Kidnapped children 10 Military quarters allotments 19 Qualifying relative 17 dividends 3 Qualifying child 13 Assistance (See Tax help) Social security number 22 Form 8857, innocent spouse Qualifying relative 18 ATINs (Adoption taxpayer Standard deduction for 23 relief 6 identification numbers) 22 Unearned income 3 Form SS-5, social security L Disabled: number request 22 B Child 13 Form W-7, individual taxpayer Life insurance premiums 21 identification number Local income taxes, itemized Dependent 19 request 22 deductions 24 Birth of child 9 Divorced parents 13 Form W-7A, adoption taxpayer Local law violated 19 Blind persons, standard Divorced taxpayers: identification number Lodging 20 deduction 23 Child custody 13 request 22 Losses, rental real estate 7 Filing status 5 6, Foster care payments and C Joint returns, responsibility for 6 expenses 14 20, M Canada, resident of 12 18, Domestic help 11 Foster child 12 14 18 20, , , Capital expenses 20 Dual-status taxpayers: Funeral expenses 21 Marital status, determination of 5 Child born alive 13 Joint returns not available 7 Married dependents, filing joint Child care expenses 21 G return 12 15, Child custody 13 E GI Bill benefits 21 Married filing jointly (See Joint Child support under pre-1985 Earned income: Gross income: returns) agreement 22 Defined 2 Married filing separately 7 Child tax credit 11 Defined for purposes of standard deduction 23 Filing requirements Changing method from or to Child, qualifying 12 Dependent filing requirements (Table 1) 2 itemized deductions 24 Children: (Table 2) 4 Dependent filing requirements Itemized deductions 24 Adopted child (See Adoption) Earned income credit: (Table 2) 4 Married taxpayers 6 Adoption (See Adopted child) Two persons with same Test 19 (See also Joint returns) Birth of child 9 10, qualifying child 15 Group-term life insurance 5 Age 65 or older spouse, standard Claiming parent, when child is Elderly persons: deduction 23 head of household 9 Home for the aged 20 H Blind spouse, standard deduction 23 Custody of 13 Standard deduction for age 65 or Head of household 8 9, Dual-status alien spouse 7 Death of child 9 10, older 23 Dividends of 3 Equitable relief, Innocent Filing requirements (Table 1) 2 Filing status 6 Filing requirements as spouse 6 Health insurance premiums 21 Medical insurance premiums 21 dependents (Table 2) 4 Publication 501 (2023) 29 |
Page 30 of 30 Fileid: … tions/p501/2023/a/xml/cycle05/source 6:05 - 3-Jan-2024 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. Medical savings accounts Relative 17 Dual-status alien spouse 7 Tax returns: (MSAs, effect on filing Surviving spouse 9 Innocent spouse relief 6 Amended (See Form 1040-X) requirements (Table 3) 5 Nonresident alien 8 Filing of (See Filing Medicare taxes, not support 21 R Signing joint returns 6 requirements) Member of household or Surviving (See Surviving Joint returns (See Joint returns) relationship test 18 Recapture taxes 5 spouse) Who must file 1 3 5- , Mexico, resident of 12 18, Relationship test 12 18, SSNs (See Social security numbers Tax-exempt income 19 Military (See Armed forces) Relative, qualifying 17 (SSNs) for dependents) Taxes, not support 21 Missing children, photographs of Remarriage after divorce 5 Standard deduction 1 22 24, - Temporary absences 13 18, in IRS publications 1 Rental losses 7 Married filing jointly 6 Tiebreaker rules 15 Multiple support agreement 21 Residency test 13 State or local income taxes 24 Tips, reporting of (Table 3) 5 Stillborn child 13 Total support 20 N S Students: Tuition, benefits under GI Bill 21 National of the United States 12 Scholarships 3 14 19 21 23, , , , Defined 12 Nonresident aliens 2 Self-employed persons: Foreign 12 U Dependents 22 Filing requirements (Table 3) 5 Support test: Joint return 7 Gross income 3 Qualifying child 14 U.S. citizen or resident 12 Spouse 8 Separate returns (See Married Qualifying relative 19 U.S. citizens filing abroad, filing requirements: Taxpayer identification filing separately) Surviving spouse: Filing requirements 3 number 22 Separated parents 13 Death of spouse (See Death of U.S. national 12 Separated taxpayers: spouse) P Filing status 6 Gross income filing requirements U.S. territories, income from 3 Parent, claiming head of Living apart but not legally (Table 1) 2 Unmarried persons (See Single household for 9 separated 6 Qualifying Surviving Spouse 9 taxpayers) Parents who never married 14 Signatures, joint returns 6 Single filing status 6 Parents, divorced or Single taxpayers: W separated 13 Filing status 5 6, T Welfare benefits 20 Penalty, failure to file 2 Gross income filing requirements Tables and figures 8 16, What's New 1 Photographs of missing children (Table 1) 2 (See also Worksheets) Worksheets: in IRS publications 1 Social security and Medicare Filing requirements: Head of household status and Premium tax credit 5 taxes: Dependents (Table 2) 4 cost of keeping up home 8 Publications (See Tax help) Reporting of (Table 3) 5 Gross income levels Support test 16 Puerto Rico, residents of 3 Support, not included in 21 (Table 1) 2 Social security benefits 19 Other situations requiring Q Social security numbers (SSNs) filing (Table 3) 5 for dependents 22 Standard deduction tables 26 Qualifying: Spouse: Tax help 26 Child 12 Deceased 6 30 Publication 501 (2023) |