@jenbcute wrote:
As I stated in my post, I realize that I can't claim him as my dependent but it is allowing me to claim the earned income credit for him as a non-dependent! The only reason I even tried is because a friend told me she's claimed her disabled brother like that for years & told me I should be able to claim my nephew the same way & it looks like she's right! I just don't want them to come back on me for any reason later on!
That is a different question. If disabled by the IRS rules then if the only reason that you cannot claim him as a dependent is because he earned more then $4,300, you can still get the EIC.
The IRS defines disabled this way:
Permanent and total disability.
You have a permanent and total disability if you can't engage in any substantial gainful activity because of your physical or mental condition. A qualified physician must certify that the condition has lasted or can be expected to last continuously for 12 months or more, or that the condition can be expected to result in death.
Substantial gainful activity.
Substantial gainful activity is the performance of significant duties over a reasonable period of time while working for pay or profit, or in work generally done for pay or profit. Full-time work (or part-time work done at your employer's convenience) in a competitive work situation for at least the minimum wage conclusively shows that you are able to engage in substantial gainful activity.
**Disclaimer: This post is for discussion purposes only and is NOT tax advice. The author takes no responsibility for the accuracy of any information in this post.**
