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Level 3
March 12, 2023
Question

Disabled dependent with gambling winnings and small w2

  • March 12, 2023
  • 4 replies
  • 30 views

Dependent (age 27, disabled) has always qualified as on father's return as dependent. He has a w-2 equaling $4,372 but also won at the casino amount on w-2g $1,820. I believe this puts him over the income limit even though he meets all other qualifications as a dependent on the return. This is my first time having a dependent who is disabled win money at the casino.  I want to make sure he cannot be claimed before I let the father know (total on all tax forms for dependent = $6,192)

Thank you. 

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4 replies

Camp1040
Level 10
March 12, 2023

Permanently and totally disabled? gross income test won't apply, support test will.

Level 3
March 12, 2023

Yes, permanently and totally. 

BobKamman
Level 15
March 12, 2023

Disabled dependent working at sheltered workshop.

For purposes of the gross income test, the gross income of an individual who is permanently and totally disabled at any time during the year doesn't include income for services the individual performs at a sheltered workshop. The availability of medical care at the workshop must be the main reason for the individual's presence there. Also, the income must come solely from activities at the workshop that are incident to this medical care.

A “sheltered workshop” is a school that:

  • Provides special instruction or training designed to alleviate the disability of the individual; and

  • Is operated by certain tax-exempt organizations or by a state, a U.S. possession, a political subdivision of a state or possession, the United States, or the District of Columbia.

Permanently and totally disabled has the same meaning  as for Qualifying Child.

Level 3
March 13, 2023

I know about that law. But that is not the kind of job he did. It was some comic con or something like that. So I couldn't exclude with that premise. Thank you though!

Camp1040
Level 10
March 13, 2023

You have your answer, the kid is a qualifying child, dad can get ODC and file HOH. Read taxguy bill response.

Level 15
March 12, 2023

As Camp said, a permenantly disabled child still follows the "Qualifying Child" rules.  So if the 'child' lived with the father for over half of the year and did not provide over half of his own support, it seems like he DOES qualify as a dependent.

However, the Standard Deduction for dependents is different, so the dependent will have "taxable income" (after the Standard Deduction) and will need to file a tax return.

Although many people seem to improperly ignore this, it is quite possible that the 'child' had more than $1820 of gambling income.  He needs to report ALL gambling income, not just the ones that are large enough to be on a W-2G.

Camp1040
Level 10
March 12, 2023

Gambling winnings memory gets very foggy without a W-2G form!

Level 2
May 26, 2025
I have friend that he wants to know where to pay wining taxas in oklahoma hes mentaly disable and i dont know nothing about that he dont report taxas and he lives by it sef i just want to help him