In general
Exceptions
Dependents ineligible
If an individual is a dependent of a taxpayer for any taxable year of such taxpayer beginning in a calendar year, such individual shall be treated as having no dependents for any taxable year of such individual beginning in such calendar year.
Married dependents
An individual shall not be treated as a dependent of a taxpayer under subsection (a) if such individual has made a joint return with the individual’s spouse under section 6013 for the taxable year beginning in the calendar year in which the taxable year of the taxpayer begins.
Citizens or nationals of other countries
In general
The term “dependent” does not include an individual who is not a citizen or national of the United States unless such individual is a resident of the United States or a country contiguous to the United States.
Exception for adopted child
Qualifying child
In general
Relationship
Age requirements
In general
Special rule for disabled
In the case of an individual who is permanently and totally disabled (as defined in section 22(e)(3)) at any time during such calendar year, the requirements of subparagraph (A) shall be treated as met with respect to such individual.
Special rule relating to 2 or more who can claim the same qualifying child
In general
More than 1 parent claiming qualifying child
No parent claiming qualifying child
If the parents of an individual may claim such individual as a qualifying child but no parent so claims the individual, such individual may be claimed as the qualifying child of another taxpayer but only if the adjusted gross income of such taxpayer is higher than the highest adjusted gross income of any parent of the individual.
Qualifying relative
In general
Relationship
Special rule relating to multiple support agreements
Special rule relating to income of handicapped dependents
In general
Sheltered workshop defined
Special rules for support
In general
Alimony or separate maintenance payment
Special rule for divorced parents, etc.
In general
Exception where custodial parent releases claim to exemption for the year
Exception for certain pre-1985 instruments
In general
Qualified pre-1985 instrument
Custodial parent and noncustodial parent
Custodial parent
The term “custodial parent” means the parent having custody for the greater portion of the calendar year.
Noncustodial parent
The term “noncustodial parent” means the parent who is not the custodial parent.
Exception for multiple-support agreement
This subsection shall not apply in any case where over one-half of the support of the child is treated as having been received from a taxpayer under the provision of subsection (d)(3).
Special rule for support received from new spouse of parent
For purposes of this subsection, in the case of the remarriage of a parent, support of a child received from the parent’s spouse shall be treated as received from the parent.
Other definitions and rules
Child defined
In general
Adopted child
In determining whether any of the relationships specified in subparagraph (A)(i) or paragraph (4) exists, a legally adopted individual of the taxpayer, or an individual who is lawfully placed with the taxpayer for legal adoption by the taxpayer, shall be treated as a child of such individual by blood.
Eligible foster child
For purposes of subparagraph (A)(ii), the term “eligible foster child” means an individual who is placed with the taxpayer by an authorized placement agency or by judgment, decree, or other order of any court of competent jurisdiction.
Student defined
Determination of household status
An individual shall not be treated as a member of the taxpayer’s household if at any time during the taxable year of the taxpayer the relationship between such individual and the taxpayer is in violation of local law.
Brother and sister
The terms “brother” and “sister” include a brother or sister by the half blood.
Special support test in case of students
Treatment of missing children
In general
Purposes
Comparable treatment of certain qualifying relatives
Termination of treatment
Subparagraphs (A) and (C) shall cease to apply as of the first taxable year of the taxpayer beginning after the calendar year in which there is a determination that the child is dead (or, if earlier, in which the child would have attained age 18).
Cross references
For provision treating child as dependent of both parents for purposes of certain provisions, see sections 105(b), 132(h)(2)(B), and 213(d)(5).
Aug. 16, 1954, ch. 736 68A Stat. 43 Aug. 9, 1955, ch. 693, § 2 69 Stat. 626 Pub. L. 85–866, title I, § 4(a)72 Stat. 1607 Pub. L. 86–376, § 1(a)73 Stat. 699 Pub. L. 90–78, § 181 Stat. 191 Pub. L. 91–172, title IX, § 912(a)83 Stat. 722 Pub. L. 92–580, § 1(a)86 Stat. 1276 Pub. L. 94–455, title XIX90 Stat. 1767 Pub. L. 98–369, div. A, title IV98 Stat. 799 Pub. L. 99–514, title I, § 104(b)(1)(B)100 Stat. 2104 Pub. L. 108–311, title II, § 201118 Stat. 1169 Pub. L. 109–135, title IV, § 404(a)119 Stat. 2632 Pub. L. 110–351, title V, § 501(a)122 Stat. 3979 Pub. L. 115–97, title I, § 11051(b)(3)(B)131 Stat. 2089 (, ; , ; –(c), , ; , , ; , , ; , , ; , , ; , §§ 1901(a)(24), (b)(7)(B), (8)(A), 1906(b)(13)(A), title XXI, § 2139(a), , , 1794, 1834, 1932; , §§ 423(a), 482(b)(2), , , 848; , (3), title XIII, § 1301(j)(8), , , 2105, 2658; , , ; , , ; , (b), (c)(2), , , 3980; , , .)
Inflation Adjusted Items for Certain Years
section 1 of this titleFor inflation adjustment of certain items in this section, see Revenue Procedures listed in a table under .
Editorial Notes
Amendments
Pub. L. 115–972017—Subsec. (d)(5). amended par. (5) generally. Prior to amendment, text read as follows: “For purposes of this subsection—
“(A) payments to a spouse which are includible in the gross income of such spouse under section 71 or 682 shall not be treated as a payment by the payor spouse for the support of any dependent, and
“(B) in the case of the remarriage of a parent, support of a child received from the parent’s spouse shall be treated as received from the parent.”
Pub. L. 110–351, § 501(b)2008—Subsec. (c)(1)(E). , added subpar. (E).
Pub. L. 110–351, § 501(a)Subsec. (c)(3)(A). , inserted “is younger than the taxpayer claiming such individual as a qualifying child and” after “such individual” in introductory provisions.
Pub. L. 110–351, § 501(c)(2)(B)(ii)Subsec. (c)(4). , substituted “who can claim the same” for “claiming” in heading.
Pub. L. 110–351, § 501(c)(2)(B)(i)Subsec. (c)(4)(A). , substituted “Except as provided in subparagraphs (B) and (C), if (but for this paragraph) an individual may be claimed as a qualifying child by 2 or more taxpayers” for “Except as provided in subparagraph (B), if (but for this paragraph) an individual may be and is claimed as a qualifying child by 2 or more taxpayers” in introductory provisions.
Pub. L. 110–351, § 501(c)(2)(A)Subsec. (c)(4)(C). , added subpar. (C).
Pub. L. 109–1352005—Subsec. (e). amended heading and text of subsec. (e) generally. Prior to amendment, text consisted of pars. (1) to (4) relating to special rule for divorced parents, requirements for divorced parents, definitions of custodial and noncustodial parent, and exception for multiple-support agreements.
Pub. L. 108–3112004— reenacted section catchline without change and amended text generally. Prior to amendment, section consisted of subsecs. (a) to (e) relating to general definition of dependent, rules relating to general definition, multiple support agreements, special support test in case of students, and support test in case of child of divorced parents, etc., respectively.
Pub. L. 99–514, § 1301(j)(8)1986—Subsec. (a)(9). , substituted “section 7703” for “section 143”.
Pub. L. 99–514, § 104(b)(3)Subsec. (d)(2). , substituted “section 151(c)(4)” for “section 151(e)(4)”.
Pub. L. 99–514, § 104(b)(1)(B)Subsec. (e)(1)(A). , substituted “section 151(c)(3)” for “section 151(e)(3)”.
Pub. L. 98–369, § 423(a)1984—Subsec. (e). , amended subsec. (e) generally, and in substantially revising support test provisions, enacted par. (1) custodial parent exemption, former par. (1) declaring the general rule that where a child received over one-half of his calendar year support from parents who were divorced or legally separated under a decree of divorce or separate maintenance, or were separated under a written separation agreement and the child was in the custody of one or both parents for more than one-half of the calendar year, the child would be treated as receiving over half of his support from the parent having custody for a greater portion of the calendar year unless treated under special rule provision as having received over half of his support from the parent not having custody; enacted par. (2) release of custodial parent exemption for the year, former par. (2) declaring the special rule that parent without custody would be deemed as furnishing over half of the support where the decree of divorce or separate maintenance, or written agreement, covering the taxable year, provided that parent without custody should be entitled to the section 151 deduction for the child and such parent provided at least $600 calendar year support, or alternatively, such parent without custody provided $1,200 or more calendar year support and the parent with custody did not establish more support of the child than the parent without custody; redesignated as par. (3) former par. (4) provision respecting exception for multiple-support agreement, deleting former par. (3) respecting requirement of an itemized statement of expenditures to resolve more support claims; added par. (4) respecting exception for certain pre-1985 instruments; added par. (5) enunciating special rule for support received from new spouse of parent, deleting former par. (5) regulations prescription provision; and added par. (6) cross reference provision.
Pub. L. 98–369, § 482(b)(2)Subsec. (e)(6). , substituted “section 213(d)(5)” for “section 213(d)(4)”.
Pub. L. 94–455, § 1901(b)(7)(B)1976—Subsec. (a)(9). , substituted “section 143” for “section 153”.
Pub. L. 94–455, § 1901(a)(24)(A)Subsec. (a)(10). , struck out par. (10) relating to descendents of a taxpayer, who were members of taxpayer’s household, before receiving institutional care.
Pub. L. 94–455, § 1901(a)(24)(B)Subsec. (b)(3). , among other changes struck out “of the Canal Zone, or of the Republic of Panama” after “country contiguous to the United States,” and provisions relating to children born or adopted in Philippines.
Pub. L. 94–455, § 1906(b)(13)(A)Subsec. (c)(4). , struck out “or his delegate” after “Secretary”.
Pub. L. 94–455, § 1901(b)(8)(A)Subsec. (d). , substituted “organization described in section 170(b)(1)(A)(ii)” for “institution (as defined in section 151(e)(4))”.
Pub. L. 94–455, § 2139(a)Subsec. (e)(2)(B)(i). , substituted “each” for “all”.
Pub. L. 94–455, § 1906(b)(13)(A)Subsec. (e)(3), (5). , struck out “or his delegate” after “Secretary”.
Pub. L. 92–5801972—Subsec. (b)(3). substituted “citizen or national of the United States” for “citizen of the United States” in two places.
Pub. L. 91–1721969—Subsec. (b)(2). inserted reference to foster children who satisfy requirements of subsec. (a)(9) of this section.
Pub. L. 90–78, § 1(b)1967—Subsec. (a). , inserted “or (e)” after “subsection (c)”.
Pub. L. 90–78, § 1(a)Subsec. (e). , added subsec. (e).
Pub. L. 86–3761959—Subsec. (b)(2). provided that a child who is a member of an individual’s household if placed with such individual by an authorized placement agency for legal adoption by such individual shall be treated as a child by blood.
Pub. L. 85–866, § 4(a)1958—Subsec. (a)(9). , inserted “(other than an individual who at any time during the taxable year was the spouse, determined without regard to section 153, of the taxpayer)”.
Pub. L. 85–866, § 4(b)Subsec. (b)(3). , among other changes, struck out provision that “dependent” does not include any individual who is not a United States citizen unless such individual is a resident of United States or of a contiguous country, or of Canal Zone or Panama, and inserted provision barring exclusion from definition of “dependent” any child of taxpayer, legally adopted by him, if, for taxable year of taxpayer, child’s principal place of abode is taxpayer’s home and child is member of taxpayer’s household, if taxpayer is United States citizen.
Pub. L. 85–866, § 4(c)Subsec. (b)(5). , added par. (5).
1955—Subsec. (b)(3). Act , substituted “” for “”.
Statutory Notes and Related Subsidiaries
Effective Date of 2017 Amendment
Pub. L. 115–97section 71(b)(2) of this titlesection 11051 of Pub. L. 115–97section 11051(c) of Pub. L. 115–97section 61 of this titleAmendment by applicable to any divorce or separation instrument (as defined in former as in effect before ) executed after , and to such instruments executed on or before , and modified after , if the modification expressly provides that the amendment made by applies to such modification, see , set out as a note under .
Effective Date of 2008 Amendment
Pub. L. 110–351section 501(d) of Pub. L. 110–351section 24 of this titleAmendment by applicable to taxable years beginning after , see , set out as an Effective and Termination Dates of 2008 Amendment note under .
Effective Date of 2005 Amendment
Pub. L. 109–135Pub. L. 108–311section 404(d) of Pub. L. 109–135section 21 of this titleAmendment by effective as if included in the provisions of the Working Families Tax Relief Act of 2004, , to which such amendment relates, see , set out as a note under .
Effective Date of 2004 Amendment
Pub. L. 108–311section 208 of Pub. L. 108–311section 2 of this titleAmendment by applicable to taxable years beginning after , see , set out as a note under .
Effective Date of 1986 Amendment
Pub. L. 99–514section 151(a) of Pub. L. 99–514section 1 of this titleAmendment by section 104(b)(1)(B), (3) of applicable to taxable years beginning after , see , set out as a note under .
section 1301(j)(8) of Pub. L. 99–514Pub. L. 99–514section 141 of this titleAmendment by applicable to bonds issued after , except as otherwise provided, see sections 1311 to 1318 of , set out as an Effective Date; Transitional Rules note under .
Effective Date of 1984 Amendment
section 423(a) of Pub. L. 98–369section 423(d) of Pub. L. 98–369section 2 of this titleAmendment by applicable to taxable years beginning after , see , set out as a note under .
section 482(b)(2) of Pub. L. 98–369section 482(c) of Pub. L. 98–369section 213 of this titleAmendment by applicable to taxable years beginning after , see , set out as a note under .
Effective Date of 1976 Amendment
Pub. L. 94–455section 1901(d) of Pub. L. 94–455section 2 of this titleAmendment by section 1901(a)(24), (b)(7)(B), (8)(A) of applicable with respect to taxable years beginning after , see , set out as a note under .
Pub. L. 94–455, title XXI, § 2139(b)90 Stat. 1932
Effective Date of 1972 Amendment
Pub. L. 92–580, § 1(c)86 Stat. 1276
Effective Date of 1969 Amendment
Pub. L. 91–172, title IX, § 912(b)83 Stat. 722
Effective Date of 1967 Amendment
Pub. L. 90–78, § 281 Stat. 192
Effective Date of 1959 Amendment
Pub. L. 86–376, § 1(b)73 Stat. 699
Effective Date of 1958 Amendment
Pub. L. 85–866section 1(c)(1) of Pub. L. 85–866section 165 of this titleAmendment by section 4(a), (c) of applicable to taxable years beginning after , and ending after , see , set out as a note under .
Pub. L. 85–866, § 4(d)72 Stat. 1607
Effective Date of 1955 Amendment
Act Aug. 9, 1955, ch. 693, § 3(b) 69 Stat. 626