Skip to content
aicpa-logo-black
  • AICPA Resources:
  • AICPA-CIMA.com
  • Tax Section
  • Engage365 Communities
  • Store
The Tax Adviser
  • INDIVIDUALS
    • All articles
    • Credits
    • Deductions
    • Income
    • Specialized Issues

    Latest Stories

    • Treasury, IRS propose regulations for education tax credit
    • Cryptocurrency staking rewards are income in year received
    • IRS raises per diem rates for business travel effective Oct. 1
    • Erroneous refund of underpayment interest eligible for Sec. 6015(f)(1) relief
  • PASSTHROUGHS
    • All articles
    • S Corporations
    • Partnerships & LLCs
    • Contributions, Distributions & Basis
    • Reporting & Filing Requirements

    Latest Stories

    • Navigating the QSBS rules in pass-through structures
    • Multiyear redemption payments under a partnership promissory note
    • The hidden costs and tax burdens of European waterfalls
    • Structuring partnership mergers
  • CORPORATIONS
    • All articles
    • Deductions
    • Formation & Reorganizations
    • Income
    • Reporting & Filing Requirements

    Latest Stories

    • Avoiding state tax surprises from collaboration agreements
    • Transferring accounts receivable and liabilities to a new corporation
    • Navigating the QSBS rules in pass-through structures
    • Sec. 338(h)(10) elections in business acquisitions
  • ESTATES
    • All articles
    • Estate Tax
    • Gift Tax
    • Tax Computation
    • Types of Trusts

    Latest Stories

    • Estate portability elections of unused estate and gift tax exemption must be meticulously prepared
    • Multigenerational wealth transfer with IDGTs and GST tax planning
    • A case study on ILITs: What went wrong, how to fix it, and best practices for prevention
  • PROCEDURE
    • All articles
    • Collections & Liens
    • Representations & Examinations
    • Tax Planning & Minimization

    Latest Stories

    • Treasury, IRS propose regulations for education tax credit
    • Senate approves taxpayer-focused reforms backed by AICPA
    • IRS changes course to allow automatic Trump account enrollment
    • GAO tax fraud estimate puts annual losses at up to $304 billion
  • Home
  • News
  • Magazine
  • Topics
Advertisement
  1. newsletter
  2. TAX INSIDER
TAX INSIDER

Has the TCJA changed the definition of a dependent for children with special needs?

Find out about changes to the definition of dependent for special needs children after the new tax law.

By Thomas M. Brinker Jr., CPA/PFS, CGMA, J.D.
April 18, 2019

Please note: This item is from our archives and was published in 2019. It is provided for historical reference. The content may be out of date and links may no longer function.

Related

October 1, 2026

Treasury, IRS propose regulations for education tax credit

September 30, 2026

Cryptocurrency staking rewards are income in year received

September 24, 2026

IRS raises per diem rates for business travel effective Oct. 1

TOPICS

  • Individual Income Taxation
    • Credits

Historically, claiming a dependency exemption on Form 1040, U.S. Individual Income Tax Return, required little to no thought. Before 2018, individual taxpayers simply claimed exemptions for themselves, their spouses, and their children.

But what if a dependent child with special needs is totally and permanently disabled? In addition, what if that same dependent is collecting Supplemental Security Income (SSI)? Changes that have occurred over the past decade may surprise financial and tax advisers. This article provides an overview of the rules defining a dependent and addresses the issue of a child’s receipt of SSI.

Suspension of exemptions

As of Jan. 1, 2018, taxpayers are no longer permitted to claim personal or dependency exemption deductions on their tax returns. The law known as the Tax Cuts and Jobs Act (TCJA) of 2017, P.L. 115-97, suspended the exemption deduction through 2025. However, understanding the definition of a dependent is still critical for tax planning.

In general, having a “dependent” (with a nondeductible indexed exemption amount of $4,150 for 2018 and $4,200 for 2019 when determining a qualifying relative, head-of-household filing status, and the $500 tax credit for other dependents (see Notice 2018-70 for the dependency exemption amount for other Code purposes)) requires that a taxpayer satisfy one of two tests: (1) a four-prong test for a qualifying child — relationship, abode, age, and support; or (2) a three-prong test for a qualifying relative — relationship, gross income, and support. (The TCJA added a $500 nonrefundable credit for a qualifying dependent other than a qualifying child (i.e., a 17-year-old qualifying child or a dependent parent); whereas the child tax credit of $2,000 only applies to a taxpayer’s qualifying child under the age of 17.)

In addition to the “relationship” and “age” tests explained below, the qualifying child must live in the same household as the taxpayer for more than half the tax year and cannot be self-supporting. The key differences between the requirements for a qualifying child and those for a qualifying relative are that a qualifying relative, if actually related, need not live with the taxpayer trying to claim the exemption but must satisfy the “gross income” test — i.e., the dependent’s gross income cannot exceed the “exemption” amount of $4,200 for 2019 (Notice 2018-70).

Furthermore, the “support” test is different. For qualifying relative status, in addition to the person’s not being self-supportive; the taxpayer must actually provide more than half of the dependent’s support (food, lodging, clothing, education, medical and dental care, recreation, transportation, lodging, and similar necessities). (See Publication 501, Dependents, Standard Deduction, and Filing Information.) For both a qualifying child and a qualifying relative, if married, the dependent cannot file a joint return for the year unless the sole purpose for filing is to claim a refund, and the dependent must be a U.S. citizen, resident alien, or national, or a resident of Canada or Mexico.

With passage of the Working Families Tax Relief Act of 2004, P.L. 108-311, effective 2005, the qualifying child and relative definition was clarified to provide a uniform definition for the dependency exemptions, child tax credit, dependent care, and earned income tax credits (Sec. 152(a)). Under this definition, in addition to meeting the relationship test (taxpayer’s child, stepchild, or descendent (e.g., grandchild); eligible foster child; or brother, sister, or descendent (e.g., niece or nephew)), a qualifying child must meet any one of the following three requirements (Sec. 152(c)): (1) the “child” must be under the age of 19 at year end; (2) the “child” must be a full-time student under the age of 24 at the end of the year (qualifying “students” must be enrolled as a “full-time” student during any part of five calendar months during the year); or (3) the individual must be totally and permanently disabled at any time during the year (Sec. 152(c)(3)(B)).

It is equally important to consider that grandparents, uncles, aunts, brothers, and sisters satisfy this “relationship” test and, therefore, may be allowed to claim the benefits associated with having a dependent (e.g., head of household filing status and/or the $500 credit for other dependents) for a qualifying child who is totally or permanently disabled, regardless of the age of that child (Sec. 152(d)(2)).

‘Dependent’ receiving SSI

The receipt of SSI may result in the loss of dependent status for a child who is totally and permanently disabled (i.e., an adult child with special needs). However, the loss of the dependent status may depend on qualifying child or qualifying relative status. Children qualifying for SSI can receive a maximum federal benefit of $771 a month for 2019, with most states providing an additional stipend.

The key to having a child qualify as a dependent can be found in meeting the conditions for the aforementioned support test. To comply with the support requirement, the dependent child must not have provided more than half of his or her own support. Needs-based support, such as SSI, is not included as income nor counted as support provided by a qualifying child for this test. In addition, it is critically important to remember that qualifying child status also requires a residency requirement that is not required under the qualifying relative test; the qualifying child must live in the same household as the taxpayer for more than half the tax year.

By contrast, SSI is counted as support under the qualifying relative test. As a result, if a taxpayer’s special needs child’s sole source of income is SSI, the “dependent’s status” will not be jeopardized under the qualifying child test, but requires further examination under the qualifying relative test as to whether the individual seeking dependent status has provided more than half of the qualifying relative’s support.

A change affecting siblings

Furthermore, while Sec, 152(c)(3) was amended effective for 2009 to require that the qualifying child be younger than the individual claiming the dependency exemption, this rule does not apply to a child who is permanently and totally disabled. Age is simply not relevant in determining the dependency exemption (nor the status as dependent under current law) of an individual who is totally or permanently disabled. As illustrated under the legislation implementing this change, a taxpayer was permitted to claim a dependency exemption for an older sibling for years prior to 2009. This option no longer applies as of 2009 unless the older sibling is permanently and totally disabled.

Thomas M. Brinker Jr., CPA/PFS, CGMA, J.D., LL.M., ChFC, CFE, AEP, is professor of accounting at Arcadia University in Glenside, Pa. He also serves as director of the MassMutual Center for Special Needs Planning at The American College of Financial Services in Bryn Mawr, PA.  To comment on this article or to suggest an idea for another article, please contact Sally Schreiber, senior editor, at Sally.Schreiber@aicpa-cima.com.

Advertisement

Latest News

October 1, 2026

Treasury, IRS propose regulations for education tax credit

October 1, 2026

Senate approves taxpayer-focused reforms backed by AICPA

September 30, 2026

Avoiding state tax surprises from collaboration agreements

September 30, 2026

Financial planning strategies for higher education costs

September 30, 2026

Beyond survival mode: Redefining what you want your practice to be

Advertisement

Most Read

Trust distributions: Timing, tax, and practical considerations
A risk framework for AI use in tax administration and preparation
When are employer-provided health benefits taxable?
IRS raises per diem rates for business travel effective Oct. 1
Estate portability elections of unused estate and gift tax exemption must be meticulously prepared
The Sec. 645 election to treat a trust as part of the estate
Advertisement

PRACTICE MANAGEMENT

2026 tax software survey

CPAs rate their return preparation software’s performance during this year’s tax season.

Tax Clinic

When are employer-provided health benefits taxable?

Hospitals’ community benefit under pressure

Avoiding triggering foreign investment ECI with a US office

Why record quality matters more than ever in unclaimed property audits

Multiyear redemption payments under a partnership promissory note

Magazine

September 2026

September 2026

September 2026
August 2026

August 2026

August 2026
July 2026

July 2026

July 2026
June 2026

June 2026

June 2026
May 2026

May 2026

May 2026
April 2026

April 2026

April 2026
March 2026

March 2026

March 2026
February 2026

February 2026

February 2026
January 2026

January 2026

January 2026
December 2025

December 2025

December 2025
November 2025

November 2025

November 2025
October 2025

October 2025

October 2025
view all

View All

http://view-all

JOIN

AICPA Tax Section

Your go-to source for tax developments and professional insights. Tap into expert guidance, tools, news, and career development.

Connect

  • x-logo The Tax Adviser on X
  • Linkedin AICPA Tax Practitioners on Linkedin

HOME

  • News
  • Monthly issues
  • Tax Insider articles
  • Topics
  • RSS feed rss feed
  • Sitemap

ABOUT

  • About The Tax Adviser
  • Contact us
  • Submit an article
  • Advertise
  • Privacy policy
  • Terms & conditions

JOIN/SUBSCRIBE

  • AICPA Tax Section
  • CPE Express

AICPA & CIMA Sites

  • AICPA-CIMA.com
  • Journal of Accountancy
  • Financial Management (FM)
  • Global Engagement Center
  • Global Career Hub
aicpa-logo-black

© 2026 Association of International Certified Professional Accountants. All rights reserved.