Can we claim my mom on our taxes by filing a joint return?

It depends if the elder's estate is in a trust.

RoxieB, Sorry if I misunderstood your comment that you live in your mom's house. To clarify, it doesn't matter if ALL your income goes toward another's support, you can only claim that person as a dependent if you provide more than half of her support.

Agingmyself ...My CPA knows, an over 1/2 my income supports this household ...! Mom pays pretty much just the utility bills, plus buys groceries every now, an then ...! My brother and I pay ALL her rent, and I buy about 85%of food items ...!

This is going to be a complex question. Is your mother's estate in a trust?

RoxieB, does your CPA know you live in Mom's house? To claim someone as a dependent, you have to provide more than 1/2 their support, which includes housing. If Cindy's mom lives in Cindy and husband's house with just the 3 of them, then 1/3 of the household expenses would be part of Mom's support.

You might not be able to claim her as a dependent, but it may allow you to file as head of household instead. Read the IRS guidelines online, or consult with a tax accountant.

This is a very complex question and irs rules are very strict so i advise you to consult a tax professional. I worked at H&R Block for 11 years and we came across this question often. There is a worksheet they will use to help you determine if you are eligable to claim her.

Make sure she also doesn't claim or file alone without you knowing it ...! File separate, an you don't know it ...! Talk it over with her, an make sure you both agree on this ...! If that is possible ...!

I also checked with my CPA to make sure which way worked in both our best interest, out of respect for my mother as I live in her house ...!

That is fantastic news to find out. It never occurred to me that we might be able to claim her on our taxes. My mom has been living in our Florida house and now we are relocating there as well. She is only paying for electricity and her cable bill so this will be quite a savings for us.

Roxi is current. Not including social security the dependent cannot make more than $4,000 annually. Unbelievable.

Yes you can as I did, an gave her 1/2 of what I got back BUT she can not earn but so much so that you can do so if she decides to work or is working ...! Last year my mother of 80 years old could not earn over $4000.00 ...!

If you and your husband are paying more than 50% of your mother's needs, then you should be able to declare your Mom as a "dependent". Check on-line with the IRS to get the full explanation for an adult dependent.