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My client's son turned 24 in 2019. The son attended college for over 5 months. According to IRS rules for a qualifying child, he cannot be claimed as a dependent because he was not under 24 as of Dec 31, 2019. Now the rules for a qualifying relative state that he must have earned less than $4,200 for 2019, he earned way over that. Therefore, the son cannot be claimed by the parent as a qualifying child or a qualifying relative nor can the parent receive credit for AOC. Now on the other hand, the student can claim the AOC if all qualifications are met and there is no age limit. Do I have this right? Just want to inform my client the correct explanation as to why the son can't be claimed as a dependent for 2019.
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Your assessment appears correct to me. Yes, he can claim the AOTC as long as mom and dad havent used up all the years already.
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I did precisely this when my two sons graduated college. The eldest made a nice living, so since I didn't support him over 50% he claimed himself and his 4th year AOTC.
My second son earned much less in his first 7 months out of college, so since I still supported him over 50%, I claimed him and did NOT get the 4th yesr AOTC.
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But your second son was under 24, or made less than $4,000-something, right?
I'm glad responses here are calling it AOTC, I thought at first the question was about the Congresswoman from the Bronx.
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Yes, he was under 24, and he made more than $4,050, but he was my dependent, so I claimed him and got only his exemption(it was in 2011).