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Robin D.
Robin D., Senior Tax Advisor 4
Category: Tax
Satisfied Customers: 13321
Experience:  15years with H & R Block. Divisional leader, Instructor
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A non relative lives with you and yiu are the legal guardian,

Customer Question

A non relative lives with you and yiu are the legal guardian, can you claim as a dependent?
Submitted: 1 year ago.
Category: Tax
Expert:  Robin D. replied 1 year ago.
Hello and thanks for trusting me to help you today. I am a tax adviser with over 20 years of experience.
A person does not have to be your relative to be your tax dependent.
They do have to live with you all year. There are rules for claiming a dependent.
Any dependent must qualify under the following:
Are they a citizen or resident? The person must be a U.S. citizen, a U.S. national, a U.S. resident, or a resident of Canada or Mexico. Many people wonder if they can claim a foreign-exchange student who temporarily lives with them. The answer is maybe, but only if they meet this requirement.
Are you the only person claiming them as a dependent? You can’t claim someone who takes a personal exemption for himself or claims another dependent on his own tax form.
Are they filing a joint return? You cannot claim someone who is married and files a joint tax return.
FREE EXTRA INFORMATION FOR YOU
If you did not claim a dependent you can file a 1040X and have up to 3 years to do that and receive a refund if due one from claiming the dependent.