ADVICE NEEDED! My Child Turned 18, Does He Need to File Taxes?

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Question:My child is now 18 as of July 2014. Does my child need to file taxes? Receives Survivor benefits and is completely disabled. Will never work. Thank you.

Answers:

• Parenting Special Needs Magazine: Thank you everyone. Some very interesting responses and its funny how everyone automatically thinks my child is a boy despite I didn’t even mention a gender. Anyway, the answer is… With or without guardianship, with or without special needs trust, depending on the amount the PERMANENTLY disabled child / adult receives will determine if it is taxable or not. You can claim the person as a dependent until the age of 21 and you must prove that you pay more than half the household bills that only includes house bills, nothing outside of home like transportation, medical, etc. Hope this helps those of you not sure.

• Michelle M: There are a number of special needs lawyers that will help you for free with simple questions like this! Angela Murphy in WInd Gap PA will always answer a few questions like this one! Good Luck to all this tax season!

• Trichia T: No they don’t pay taxes on their SSI. It’s not taxable income. You however can claim them as a dependent on your taxes
• Gail R: S.S. Sends you a fold up letter that you tear open that has a 3 question section that tells you if you have to pay. We have survivor for totally disabled daughter and we don’t file taxes. Also, we were able to continue to claim her through age 21 because she was in school. There was a tax credit for caring for family member with disability too. 600-800 dollars or so. Watch for that.
• Tracy C: SSI is absolutely, unequivocally NOT taxable income, no matter where you live. It is a federal money, and is NOT taxable income. Whether you claim him, and all that other stuff, varies, but you do not file for him on his own as having taxable income because he does not.
• Aimee H: you can still claim his as a dependent because he lives with you 100% of the time and you pay for most of his expenses. Even though he receives an income. Also, I’m pretty sure if you set up guardianship you will be able to claim them as dependent. I assume he because I have 2 sons, LoL.
• Lisa B: https://www.irs.gov/faqs/social-security-income/survivors-benefits/survivors-benefits ^[1] Benefits Yes, under certain circumstances, although a child generally will not receive enough additional income to make the child’s Social Security benefits taxable. IRS.GOV
• Robine W: I claim my daughter every year . She is 27
• Debbie S: tax rules r universal not city 2 city. we claim our 26yr old as a dep. and day hab expenses.her income. SSI, is unearned income.
• Heidi G: If he can’t fill out forms on his own you will need to apply for legal guardianship for all matters once he’s 18 (start the process before then of course) I’m currently going through the process, not so bad
• Laura P: My son is 19 now I’ve been lagging on getting the conservatorship /guardianship….. I met a couple that their autistic 27 year didn’t have any of the guardianship papers done yet….. I’m worried….
• Kerrie M: If your child is18, and totally disabled, then you need to file for guardianship and you’re supposed to file before their 18th birthday. If they’re going to a residential place, and not live with you, you must send a letter to Social Security to inform them of change of address.
• Rick H: Almost certainly no, but here’s how you determine it:https://www.irs.gov/help/ita/do-i-need-to-file-a-tax-return ^[2] Do I Need to File a Tax Return?Estimated Completion Time: 12 minutes. However: 5 minutes of inactivity will end the interview and you will be forced to start over. IRS.GOV
• Katrina D: As long as he lives with you, you still claim.
• Janet M: Check with a tax person. Probably free to ask that question
• Juanita A: My mom still claims me with her but your soon now can get benefits by himself but he is still in school he can wait until 22 years old I am 25 years old and never claim taxes by myself
• Elin H:You still have to claim them even though they are not taxable and at eighteen they go straight to the child not the adult
• Susan M: Unless you have a trust set up which everyone should because my son is notable to handle his own financial affairs.
• Emily J: As far as I know those benefits are not taxable, but you might check with a tax attorney to make sure.
• Sara S: No.just asked last week You don’t file for him. You are allowed to claim him as a dependent as long as he lives with you.any age above 18.

ADVICE NEEDED for Special Mom shared from Facebook post #psnmoo814 ^[3]

Helpful Articles

• Guardianship: A Basic Understanding for Parents ^[4]
• An Affordable Proposal for Guardianship: The Special Needs Tax Credit Bill ^[5]
• “Instruction Manual” for Your Child with Special Needs ^[6]
• Common Mistakes Parents Make with Their Special Needs Trusts ^[7]
• Tax Planning for Parents of Children with Autism ^[8]
• Able Account or Special Needs Trust: How to Decide? ^[9]
• Special Needs Planning: What is a Special Needs Trust? ^[10]
• Special Needs (or Supplemental Needs) Trusts 101 ^[11]
• Able Accounts and Taxes: What Special Needs Families Need to Know ^[12]
• ABLE Accounts: 10 Things You Should Know ^[13]
• Handling Your Child’s Diagnosis: Six Things Parents Should Do For Themselves ^[14]
• A Special Need Planning Timeline: 9 Steps to a Sound Family Plan ^[15]
• Plan Early for Your Child’s Long-Term Security ^[16]