Claiming In-Laws On Your Taxes: What You Need To Know

Claiming dependents is an effective way to reduce your taxable income. To be considered a dependent, the individual must meet the criteria for a qualifying child or qualifying relative. A qualifying child must be under the age of 19 or under 24 if a full-time student, or permanently and totally disabled. A qualifying relative must meet the gross income test, which means their gross income subject to tax must be less than a certain amount, and you must provide more than half of their total support for the year. Certain relatives qualify as dependents, including in-laws such as a son-in-law, daughter-in-law, father-in-law, mother-in-law, brother-in-law, or sister-in-law. So, can you claim your in-laws on your taxes? The answer is yes, but only if they meet the criteria for a qualifying relative.

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Qualifying relatives

To claim someone as a dependent, they must be either a qualifying child or a qualifying relative. A qualifying relative is a dependent that you can claim on your taxes, but you must determine how much income your relative makes, how much support you provide for them, and your relationship with them.

A qualifying relative must meet the following criteria:

They must not be a qualifying child for you or any other taxpayer.
They must be related to you in one of the following ways: your child, stepchild, or foster child, or a descendant of any of them (for example, your grandchild); your brother, sister, half-brother, half-sister, stepbrother, or stepsister; your father, mother, grandparent, or other direct ancestor, but not foster parent; your stepfather or stepmother; a son or daughter of your brother or sister; a son or daughter of your half-brother or half-sister; a brother or sister of your father or mother; your son-in-law, daughter-in-law, father-in-law, mother-in-law, brother-in-law, or sister-in-law. Alternatively, the person must live with you the entire year as a member of your household.
They must meet the gross income test. This means the person must have gross income subject to tax that is less than $4,700 for the 2023 tax year ($5,050 for 2024).
You must provide more than half of the person's total support for the year.
The relationship between you and the dependent does not violate the law, for example, you cannot still be married to someone else.

It is important to note that the Tax Cuts and Jobs Act suspended the deduction for qualifying relative exemptions for tax years 2018 through 2025. However, taxpayers may claim other tax benefits, such as the Child Tax Credit, earned income tax credit, and child and dependent care credit.

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Qualifying children

To be considered a qualifying child, your child must meet the following requirements:

They must be under the age of 19 at the end of the year or under 24 if they are a full-time student for at least five months of the year. If your child is permanently and totally disabled, they can be of any age.
They must be younger than you (or your spouse, if filing jointly).
They must live with you for more than half of the tax year. If your child was born or died during the year, they must have lived with you for more than half of their life. Temporary absences from the home are counted as time lived with you.
They must not provide more than half of their own support for the tax year.
They must not file a joint tax return for the year (except to claim a refund of taxes withheld or estimated taxes).
They must have a Social Security Number that is valid for employment in the United States.

If your child meets all the requirements of a qualifying child for more than one person, only one person can claim the child as a qualifying child for tax benefits. Special rules apply for parents who are divorced, separated, or living apart. In such cases, the person with whom the child lives for more than half of the year will typically be able to claim the child as a dependent. However, there may be a separate legal agreement stipulating that the other parent may claim the child as a dependent.

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Gross income

For businesses, gross income is the difference between revenue and the cost of making a product or providing a service, before deducting overheads, payroll, taxation, and interest payments. It is interchangeable with gross margin or gross profit.

When determining whether someone is a qualifying dependent, gross income is an important factor. A qualifying dependent cannot provide more than half of their own annual support and must have a gross income of less than a certain amount, which was $5,050 for the 2024 tax year.

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Support

In the United States, you can claim certain relatives as dependents on your taxes. This includes your in-laws, such as your mother-in-law, father-in-law, son-in-law, or daughter-in-law. To claim your in-laws as dependents, they must meet the requirements for a "Qualifying Relative."

Firstly, your in-laws must meet the relationship test. This means they should be related to you in one of the specified ways, such as your mother-in-law, father-in-law, son-in-law, or daughter-in-law. Additionally, certain relatives are exempt from the requirement of living with you for the entire year. In-laws are included in this exemption, so they do not need to live with you all year to be claimed as dependents.

Secondly, your in-laws must meet the gross income test. For the 2023 tax year, their gross income subject to tax must be less than $4,700, and for the 2024 tax year, it must be less than $5,050. It is important to note that some states have different laws regarding claiming in-laws as dependents, so be sure to check your individual state laws.

Thirdly, you must provide more than half of their total support for the year. This includes financial support for essential needs such as food, housing, and medical care. If your in-laws receive support from multiple sources, you can still claim them as dependents as long as you provide more than half of their total support.

Lastly, your in-laws must not be claimed as dependents on anyone else's tax return. Additionally, they cannot provide more than half of their own annual support. If they meet all these criteria, you can claim your in-laws as dependents on your tax return.

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Residence

To claim your in-laws as dependents on your taxes, they must meet the criteria for a qualifying relative dependent. This includes the following requirements:

The individual must live with you in the same principal residence for more than half of the year. Temporary absences, such as for illness, school, vacation, or military service, are excluded from this requirement, as long as the individual intends to return.

It is important to note that the definition of "residence" can vary depending on the specific tax laws of your state. For example, in New York, you are generally considered a resident for tax purposes if you are domiciled in the state, referring to your permanent and primary residence that you intend to return to. However, it is possible to be considered a resident of New York for tax purposes even if your domicile is elsewhere.

Additionally, if you qualify as a tax resident in more than one state, you may face double taxation, where multiple states claim the right to tax your worldwide income for the same tax year. To avoid this, you can establish your new domicile as soon as possible when moving to a different state and ensure you meet the residency requirements of the state with lower taxes.

Furthermore, if you are a U.S. resident for tax purposes and need to establish your residency to claim a tax treaty benefit with a foreign country, you can refer to the Internal Revenue Service (IRS) for guidance.

By meeting the residence requirement, you can include your in-laws as qualifying relative dependents on your tax return, allowing you to claim certain tax breaks and benefits.

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Frequently asked questions

Can I claim my in-laws as dependents on my taxes?

Yes, you can claim your in-laws as dependents on your taxes if they meet the criteria for a "Qualifying Relative". This includes the "relationship test", the "gross income test", and the "support test". The "relationship test" requires that the individual is related to you in a specific way, such as a son-in-law, daughter-in-law, father-in-law, mother-in-law, brother-in-law, or sister-in-law. The "gross income test" states that the individual's gross income must be less than a certain amount, which was $5,050 for 2024. The "support test" requires that you provide more than half of the individual's total support for the year.

What is the difference between a Qualifying Child and a Qualifying Relative?

A Qualifying Child must meet certain age requirements, such as being under the age of 19 or under 24 if a full-time student, or any age if permanently and totally disabled. They must also live with you for more than half of the year. A Qualifying Relative, on the other hand, does not need to live with you all year, but they must meet the "relationship test" and the "support test".

What are the benefits of claiming my in-laws as dependents?

Claiming dependents is one of the most effective ways to reduce your taxable income. By claiming your in-laws as dependents, you may be eligible for specific tax benefits, such as the Child Tax Credit, the Credit for Other Dependents, the Earned Income Tax Credit, or the ability to file using the Head of Household filing status.