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Robin D.
Robin D., Senior Tax Advisor 4
Category: Tax
Satisfied Customers: 15598
Experience:  15years with H & R Block. Divisional leader, Instructor
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My brother-in-law lives with us and has no income. Can I claim

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My brother-in-law lives with us and has no income. Can I claim him as a dependent on my federal tax return?

Hello and thank you for using Just Answer.
You can claim your brother-in-law as a relative providing he meets the requirements.

To be claimed as a qualifying relative, the person must meet all of the following criteria:

Not a qualifying child - The dependent cannot be a qualifying child of another taxpayer.

Gross Income - The dependent earns less than the personal exemption amount during the year. This means the dependent earns less than $3,650.

Total Support - You provide more than half of the dependent's total support during the year.

Relationship - You are related to the dependent in certain ways. (he does)

Joint Return - If the dependent is married, the dependent cannot file a joint return with his or her spouse.

Citizenship - The dependent must be a citizen or resident alien of the United States, Canada, or Mexico.

As long as he meets all the above you can claim him.

Customer: replied 5 years ago.
He drew unemployment this year. Is this considered earned income?
Yes, unemployment is considered earned income, so if he received more than the $3650 he would not be your dependent.
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