Internal Revenue Code · 26 U.S.C.
§ 152. Dependent defined
Official text, no changes From the Office of the Law Revision Counsel, release point 119-121 (current through Public Law 119-121 (October 9, 2026)). Compare it with the official text at uscode.house.gov (external site).
Cite as 26 U.S.C. § 152
At a glance
Read from the text, the source credit and the official notes. Not part of the law.
- Status
- In force
- Enacted
- September 2, 1958 by Pub. L. 85–866
- Last amended
- December 22, 2017 by Pub. L. 115–97
- Amendments
- 11 dated changes in the source credit
- Length
- 6 subsections · 3,010 words · about 13 min to read
- Defines
- 14 terms
- Cross-references
- cites 12; cited by 39 Code sections and 46 other regulations
- Regulations
- 4 issued under this section
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.
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.
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.
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.
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.
The term “custodial parent” means the parent having custody for the greater portion of the calendar year.
The term “noncustodial parent” means the parent who is not the custodial 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.
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.
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.
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.
The terms “brother” and “sister” include a brother or sister by the half blood.
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).
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)–(c), Sept. 2, 1958, 72 Stat. 1607; Pub. L. 86–376, § 1(a), Sept. 23, 1959, 73 Stat. 699; Pub. L. 90–78, § 1, Aug. 31, 1967, 81 Stat. 191; Pub. L. 91–172, title IX, § 912(a), Dec. 30, 1969, 83 Stat. 722; Pub. L. 92–580, § 1(a), Oct. 27, 1972, 86 Stat. 1276; Pub. L. 94–455, title XIX, §§ 1901(a)(24), (b)(7)(B), (8)(A), 1906(b)(13)(A), title XXI, § 2139(a), Oct. 4, 1976, 90 Stat. 1767, 1794, 1834, 1932; Pub. L. 98–369, div. A, title IV, §§ 423(a), 482(b)(2), July 18, 1984, 98 Stat. 799, 848; Pub. L. 99–514, title I, § 104(b)(1)(B), (3), title XIII, § 1301(j)(8), Oct. 22, 1986, 100 Stat. 2104, 2105, 2658; Pub. L. 108–311, title II, § 201, Oct. 4, 2004, 118 Stat. 1169; Pub. L. 109–135, title IV, § 404(a), Dec. 21, 2005, 119 Stat. 2632; Pub. L. 110–351, title V, § 501(a), (b), (c)(2), Oct. 7, 2008, 122 Stat. 3979, 3980; Pub. L. 115–97, title I, § 11051(b)(3)(B), Dec. 22, 2017, 131 Stat. 2089.)
Terms defined here
Where the text says “the term … means”. Select a term to jump to its definition.
- alimony or separate maintenance payment § 152(d)(5)(B)
- brother § 152(f)(4)
- child § 152(f)(1)(A)
- custodial parent § 152(e)(4)(A)
- dependent § 152(a)
- dependent § 152(b)(3)(A)
- eligible foster child § 152(f)(1)(C)
- noncustodial parent § 152(e)(4)(B)
- qualified pre-1985 instrument § 152(e)(3)(B)
- qualifying child § 152(c)(1)
- qualifying relative § 152(d)(1)
- sheltered workshop § 152(d)(4)(B)
- sister § 152(f)(4)
- student § 152(f)(2)
Regulations under this section
Treasury regulations (26 CFR) issued under § 152
Cross-references
Computed from the citations in the text of Title 26 and 26 CFR.
This section cites 12 other sections
- § 6013 Joint returns of income tax by husband and wife
- § 22(e)(3) Credit for the elderly and the permanently and totally disabled
- § 151(d) Allowance of deductions for personal exemptions
- § 501(c)(3) Exemption from tax on corporations, certain trusts, etc.
- § 121(d)(3)(C) Exclusion of gain from sale of principal residence
- § 170(b)(1)(A)(ii) Charitable, etc., contributions and gifts
- § 24 Child tax credit
- § 2 Definitions and special rules
- § 32 Earned income
- § 105(b) Amounts received under accident and health plans
- § 132(h)(2)(B) Certain fringe benefits
- § 213(d)(5) Medical, dental, etc., expenses
Cited by 39 Code sections
- § 1(g)(2)(A)(ii)(I) Tax imposed
- § 2(a)(1)(B) Definitions and special rules
- § 21(b)(1)(A) Expenses for household and dependent care services necessary for gainful employment
- § 24(c)(1) Child tax credit
- § 25B(c)(2)(B) Elective deferrals and IRA contributions by certain individuals
- § 32(c)(3)(A) Earned income
- § 35(d)(2) Health insurance costs of eligible individuals
- § 36B(b)(2)(A) Refundable credit for coverage under a qualified health plan
- § 42(i)(3)(D)(ii)(I) Low-income housing credit
- § 45R(e)(1)(A)(iv) Employee health insurance expenses of small employers
- § 51(i)(1)(A) Amount of credit
- § 72(t)(2)(D)(i)(III) Annuities; certain proceeds of endowment and life insurance contracts
- § 105(b) Amounts received under accident and health plans
- § 125(e)(1)(D) Cafeteria plans
- § 129(c)(2) Dependent care assistance programs
- § 132(h)(2)(B) Certain fringe benefits
- § 139D(c)(5) Indian health care benefits
- § 139E(c)(2) Indian general welfare benefits
- § 151(c) Allowance of deductions for personal exemptions
- § 162(l)(1)(D) Trade or business expenses
- § 170(g)(1) Charitable, etc., contributions and gifts
- § 213(a) Medical, dental, etc., expenses
- § 220(d)(2)(A) Archer MSAs
- § 221(d)(4) Interest on education loans
Show 15 more
- § 223(d)(2)(A) Health savings accounts
- § 401(h)(6) Qualified pension, profit-sharing, and stock bonus plans
- § 402(l)(4)(D) Taxability of beneficiary of employees’ trust
- § 409A(a)(2)(B)(ii)(I) Inclusion in gross income of deferred compensation under nonqualified deferred compensation plans
- § 501(c)(9) Exemption from tax on corporations, certain trusts, etc.
- § 529(c)(9)(C)(ii) Qualified tuition programs
- § 529A(e)(4) Qualified ABLE programs
- § 1361(c)(1)(C) S corporation defined
- § 2032A(c)(7)(D) Valuation of certain farm, etc., real property
- § 5000A(b)(3)(A) Requirement to maintain minimum essential coverage
- § 6428B(e)(1) 2021 recovery rebates to individuals
- § 6433(c)(2)(B) Saver’s Match
- § 6434(c) Trump accounts contribution pilot program
- § 7702B(f)(2)(C)(iii) Treatment of qualified long-term care insurance
- § 7703(b)(1) Determination of marital status
Cited in 46 regulations not issued under it
- § 1.1(i)-1T Questions and answers relating to the tax on unearned income certain minor children (Temporary).
- § 1.2-2 Definitions and special rules.
- § 1.15-1 Changes in rate during a taxable year.
- § 1.21-1 Expenses for household and dependent care services necessary for gainful employment.
- § 1.21-4 Payments to certain related individuals.
- § 1.24-1 Partial credit allowed for certain other dependents.
- § 1.25A-2 Definitions.
- § 1.36B-1 Premium tax credit definitions.
- § 1.45R-1 Definitions.
- § 1.50B-1 Definitions of WIN expenses and WIN employees.
- § 1.51-1 Amount of credit.
- § 1.105-2 Amounts expended for medical care.
- § 1.105-3 Payments unrelated to absence from work.
- § 1.106-1 Contributions by employer to accident and health plans.
- § 1.121-3 Reduced maximum exclusion for taxpayers failing to meet certain requirements.
- § 1.125-4 Permitted election changes.
- § 1.132-1 Exclusion from gross income for certain fringe benefits.
- § 1.139E-1 Tribal general welfare benefits.
- § 1.151-2 Additional exemptions for dependents.
- § 1.151-3 Definitions.
- § 1.154 Statutory provisions; cross references.
- § 1.163-10T Qualified residence interest (temporary).
- § 1.166-9 Losses of guarantors, endorsers, and indemnitors incurred, on agreements made after December 31, 1975, in taxable years beginning after such date.
- § 1.170A-2 Amounts paid to maintain certain students as members of the taxpayer's household.
Show 22 more
- § 1.170A-14 Qualified conservation contributions.
- § 1.213-1 Medical, dental, etc., expenses.
- § 1.217-2 Deduction for moving expenses paid or incurred in taxable years beginning after December 31, 1969.
- § 1.221-1 Deduction for interest paid on qualified education loans after December 31, 2001.
- § 1.221-2 Deduction for interest due and paid on qualified education loans before January 1, 2002.
- § 1.401-14 Inclusion of medical benefits for retired employees in qualified pension or annuity plans.
- § 1.401(a)(9)-4 Determination of the designated beneficiary.
- § 1.401(k)-1 Certain cash or deferred arrangements.
- § 1.409A-3 Permissible payments.
- § 1.457-6 Timing of distributions under eligible plans.
- § 1.501(c)(9)-3 Voluntary employees' beneficiary associations; life, sick, accident, or other benefits.
- § 1.501(c)(17)-1 Supplemental unemployment benefit trusts.
- § 1.672(f)-3 Exceptions to general rule.
- § 1.876-1 Alien residents of Puerto Rico, Guam, American Samoa, or the Northern Mariana Islands.
- § 1.937-1 Bona fide residency in a possession.
- § 1.1361-1 S corporation defined.
- § 1.5000A-1 Maintenance of minimum essential coverage and liability for the shared responsibility payment.
- § 1.7703-1 Determination of marital status.
- § 54.4980H-1 Definitions.
- § 54.9815-2714 Eligibility of children until at least age 26.
- § 301.7701(b)-4 Residency time periods.
- § 404.6334(d)-1 Minimum exemption from levy for wages, salary, or other income.
Amendment history
From the source credit and the official notes, newest first.
- Amended by Pub. L. 115–97Parts changed in 2017: (d)(5)
- Amended by Pub. L. 110–351Parts changed in 2008: (c)(1)(E) (c)(3)(A) (c)(4) (c)(4)(A) (c)(4)(C)
- Amended by Pub. L. 109–135Parts changed in 2005: (e)
- Amended by Pub. L. 108–311
- Amended by Pub. L. 99–514Parts changed in 1986: (a)(9) (d)(2) (e)(1)(A)
- Amended by Pub. L. 98–369Parts changed in 1984: (e) (e)(6)
- Amended by Pub. L. 94–455Parts changed in 1976: (a)(9) (a)(10) (b)(3) (c)(4) (d) (e)(2)(B)(i) (e)(3)
- Amended by Pub. L. 92–580Parts changed in 1972: (b)(3)
- Amended by Pub. L. 91–172Parts changed in 1969: (b)(2)
- Amended by Pub. L. 90–78Parts changed in 1967: (a) (e)
- Amended by Pub. L. 86–376Parts changed in 1959: (b)(2)
- Enacted by Pub. L. 85–866Parts changed in 1958: (a)(9) (b)(3) (b)(5)
Where it sits in the Code
- Subtitle A Income Taxes
- Chapter 1 NORMAL TAXES AND SURTAXES
- Subchapter B Computation of Taxable Income
- Part V DEDUCTIONS FOR PERSONAL EXEMPTIONS
Nearby sections
- § 151 Allowance of deductions for personal exemptions
- § 152 Dependent defined
- § 153 Cross references
Official notes
Show the Law Revision Counsel's notes (amendments, effective dates)
Inflation Adjusted Items for Certain Years
For inflation adjustment of certain items in this section, see Revenue Procedures listed in a table under section 1 of this title.
Editorial Notes
Amendments
2017—Subsec. (d)(5). Pub. L. 115–97 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.”
2008—Subsec. (c)(1)(E). Pub. L. 110–351, § 501(b), added subpar. (E).
Subsec. (c)(3)(A). Pub. L. 110–351, § 501(a), inserted “is younger than the taxpayer claiming such individual as a qualifying child and” after “such individual” in introductory provisions.
Subsec. (c)(4). Pub. L. 110–351, § 501(c)(2)(B)(ii), substituted “who can claim the same” for “claiming” in heading.
Subsec. (c)(4)(A). Pub. L. 110–351, § 501(c)(2)(B)(i), 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.
Subsec. (c)(4)(C). Pub. L. 110–351, § 501(c)(2)(A), added subpar. (C).
2005—Subsec. (e). Pub. L. 109–135 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.
2004—Pub. L. 108–311 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.
1986—Subsec. (a)(9). Pub. L. 99–514, § 1301(j)(8), substituted “section 7703” for “section 143”.
Subsec. (d)(2). Pub. L. 99–514, § 104(b)(3), substituted “section 151(c)(4)” for “section 151(e)(4)”.
Subsec. (e)(1)(A). Pub. L. 99–514, § 104(b)(1)(B), substituted “section 151(c)(3)” for “section 151(e)(3)”.
1984—Subsec. (e). Pub. L. 98–369, § 423(a), 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.
Subsec. (e)(6). Pub. L. 98–369, § 482(b)(2), substituted “section 213(d)(5)” for “section 213(d)(4)”.
1976—Subsec. (a)(9). Pub. L. 94–455, § 1901(b)(7)(B), substituted “section 143” for “section 153”.
Subsec. (a)(10). Pub. L. 94–455, § 1901(a)(24)(A), struck out par. (10) relating to descendents of a taxpayer, who were members of taxpayer’s household, before receiving institutional care.
Subsec. (b)(3). Pub. L. 94–455, § 1901(a)(24)(B), 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.
Subsec. (c)(4). Pub. L. 94–455, § 1906(b)(13)(A), struck out “or his delegate” after “Secretary”.
Subsec. (d). Pub. L. 94–455, § 1901(b)(8)(A), substituted “organization described in section 170(b)(1)(A)(ii)” for “institution (as defined in section 151(e)(4))”.
Subsec. (e)(2)(B)(i). Pub. L. 94–455, § 2139(a), substituted “each” for “all”.
Subsec. (e)(3), (5). Pub. L. 94–455, § 1906(b)(13)(A), struck out “or his delegate” after “Secretary”.
1972—Subsec. (b)(3). Pub. L. 92–580 substituted “citizen or national of the United States” for “citizen of the United States” in two places.
1969—Subsec. (b)(2). Pub. L. 91–172 inserted reference to foster children who satisfy requirements of subsec. (a)(9) of this section.
1967—Subsec. (a). Pub. L. 90–78, § 1(b), inserted “or (e)” after “subsection (c)”.
Subsec. (e). Pub. L. 90–78, § 1(a), added subsec. (e).
1959—Subsec. (b)(2). Pub. L. 86–376 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.
1958—Subsec. (a)(9). Pub. L. 85–866, § 4(a), 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)”.
Subsec. (b)(3). Pub. L. 85–866, § 4(b), 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.
Subsec. (b)(5). Pub. L. 85–866, § 4(c), added par. (5).
1955—Subsec. (b)(3). Act Aug. 9, 1955, substituted “January 1, 1956” for “July 5, 1946”.
Statutory Notes and Related Subsidiaries
Effective Date of 2017 Amendment
Amendment by Pub. L. 115–97 applicable to any divorce or separation instrument (as defined in former section 71(b)(2) of this title as in effect before Dec. 22, 2017) executed after Dec. 31, 2018, and to such instruments executed on or before Dec. 31, 2018, and modified after Dec. 31, 2018, if the modification expressly provides that the amendment made by section 11051 of Pub. L. 115–97 applies to such modification, see section 11051(c) of Pub. L. 115–97, set out as a note under section 61 of this title.
Effective Date of 2008 Amendment
Amendment by Pub. L. 110–351 applicable to taxable years beginning after Dec. 31, 2008, see section 501(d) of Pub. L. 110–351, set out as an Effective and Termination Dates of 2008 Amendment note under section 24 of this title.
Effective Date of 2005 Amendment
Amendment by Pub. L. 109–135 effective as if included in the provisions of the Working Families Tax Relief Act of 2004, Pub. L. 108–311, to which such amendment relates, see section 404(d) of Pub. L. 109–135, set out as a note under section 21 of this title.
Effective Date of 2004 Amendment
Amendment by Pub. L. 108–311 applicable to taxable years beginning after Dec. 31, 2004, see section 208 of Pub. L. 108–311, set out as a note under section 2 of this title.
Effective Date of 1986 Amendment
Amendment by section 104(b)(1)(B), (3) of Pub. L. 99–514 applicable to taxable years beginning after Dec. 31, 1986, see section 151(a) of Pub. L. 99–514, set out as a note under section 1 of this title.
Amendment by section 1301(j)(8) of Pub. L. 99–514 applicable to bonds issued after Aug. 15, 1986, except as otherwise provided, see sections 1311 to 1318 of Pub. L. 99–514, set out as an Effective Date; Transitional Rules note under section 141 of this title.
Effective Date of 1984 Amendment
Amendment by section 423(a) of Pub. L. 98–369 applicable to taxable years beginning after Dec. 31, 1984, see section 423(d) of Pub. L. 98–369, set out as a note under section 2 of this title.
Amendment by section 482(b)(2) of Pub. L. 98–369 applicable to taxable years beginning after Dec. 31, 1983, see section 482(c) of Pub. L. 98–369, set out as a note under section 213 of this title.
Effective Date of 1976 Amendment
Amendment by section 1901(a)(24), (b)(7)(B), (8)(A) of Pub. L. 94–455 applicable with respect to taxable years beginning after Dec. 31, 1976, see section 1901(d) of Pub. L. 94–455, set out as a note under section 2 of this title.
Pub. L. 94–455, title XXI, § 2139(b), Oct. 4, 1976, 90 Stat. 1932, provided that: “The amendment made by this section [amending this section] shall apply to taxable years beginning after the date of the enactment of this Act [Oct. 4, 1976].”
Effective Date of 1972 Amendment
Pub. L. 92–580, § 1(c), Oct. 27, 1972, 86 Stat. 1276, provided that: “The amendments made by subsections (a) [amending this section] and (b) [amending section 873 of this title] shall apply to taxable years beginning after December 31, 1971.”
Effective Date of 1969 Amendment
Pub. L. 91–172, title IX, § 912(b), Dec. 30, 1969, 83 Stat. 722, provided that: “The amendment made by subsection (a) of this section [amending this section] shall apply to taxable years beginning after December 31, 1969.”
Effective Date of 1967 Amendment
Pub. L. 90–78, § 2, Aug. 31, 1967, 81 Stat. 192, provided that: “The amendments made by the first section of this Act [amending this section] shall apply with respect to taxable years beginning after December 31, 1966.”
Effective Date of 1959 Amendment
Pub. L. 86–376, § 1(b), Sept. 23, 1959, 73 Stat. 699, provided that: “The amendment made by subsection (a) [amending this section] shall apply to taxable years beginning after December 31, 1958.”
Effective Date of 1958 Amendment
Amendment by section 4(a), (c) of Pub. L. 85–866 applicable to taxable years beginning after Dec. 31, 1953, and ending after Aug. 16, 1954, see section 1(c)(1) of Pub. L. 85–866, set out as a note under section 165 of this title.
Pub. L. 85–866, § 4(d), Sept. 2, 1958, 72 Stat. 1607, provided that: “The amendment made by subsection (b) [amending this section] shall apply with respect to taxable years beginning after December 31, 1957.”
Effective Date of 1955 Amendment
Act Aug. 9, 1955, ch. 693, § 3(b), 69 Stat. 626, provided that: “The amendment made by section 2 of this Act [amending this section] shall apply with respect to taxable years beginning after December 31, 1953, and ending after August 16, 1954.”