JulieH1
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Here are the rules that determine whether you can claim a relative:

Under the qualifying relative rules:

  • Not qualify as somebody else’s qualifying child or qualifying relative
  • Live with you the entire year (365 days) or be one of these:
    • Your child, stepchild, foster child, or a descendant of any of them
    • Your brother, sister, half brother, half sister, stepbrother, or stepsister or a descendant of any of them
    • Your father, mother, grandparent, or stepparent, but not a foster parent
    • Your son-in-law, daughter-in-law, father-in-law, mother-in-law, brother-in-law, or sister-in-law
    • Your uncle, aunt, nephew, or niece
  • Earn less than $4,050
  • Receive more than half of his or her support for the year from you

To claim a dependent, these must also be true:

  • He or she can only have filed jointly with his or her spouse to claim a refund of the taxes withheld. Also, if he or she were to have filed separately from his or her spouse, neither would have owed taxes.
  • The dependent is one of these:
    • U.S. citizen
    • U.S. resident alien
    • U.S. national
    • Resident of Canada or Mexico

You can’t qualify as a dependent on someone else’s return. This is true even if the other person doesn’t claim you on his or her return.

  

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