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Merlo, Accountant
Category: Tax
Satisfied Customers: 9783
Experience:  25+ years tax consulting. Specializing in returns for US citizens living abroad
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My in-laws were with us in 2009 for more than 183 days. I am

Customer Question

My in-laws were with us in 2009 for more than 183 days. I am planning on claiming them as dependents on my tax this year and based on all the information , you are eligible to do it. But my in-laws live with my brother in law in Canada - i.e they are canadian citizens and he is also claiming them as dependents there since they pretty much live with him most of the time.
Can they be claimed as dependents in both countries- US and Canada ?
Submitted: 6 years ago.
Category: Tax
Expert:  Merlo replied 6 years ago.

Hello JA Customer,


I assume you are married filing a joint return, and these are your spouse's parents that you want to claim on your return. If that is the case, there is no requirement that they lived with you at all.


To claim someone as a qualifying relative, if they are related to you in certain ways, then there is no residency requirement. There is a requirement, however, that they cannot have had income of their own of more than $3,650 each for the year. SS benefits are not included in that calculation. As long as their income did not exceed that amount and as long as you provided for more than half of their support, then you may claim them as dependents. If they are also claimed by someone on a Canadian tax return, that has nothing to do with IRS requirements and does not prevent you from claiming them on your US tax return.


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Thank you JA Customer



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