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chpur398
New Member

Can my older sister (33) or brother in law claim me as a dependent (I’m 31)? I’ve been living in their house since late may 2020 and I pay rent and I have two jobs

I believe that my combined gross income for the two jobs is somewhere around $20,000
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2 Replies

Can my older sister (33) or brother in law claim me as a dependent (I’m 31)? I’ve been living in their house since late may 2020 and I pay rent and I have two jobs

they can not claim you as a dependent.  your gross income is way too high (can't be over $4,300) 

Hal_Al
Level 15

Can my older sister (33) or brother in law claim me as a dependent (I’m 31)? I’ve been living in their house since late may 2020 and I pay rent and I have two jobs

There are two types of dependents, "Qualifying Children"(QC) and standard ("Qualifying Relative" in IRS parlance even though they don't have to actually be related). There is no income limit for a QC but there is an age limit and student status test, a relationship test and a residence test. Only a QC qualifies a taxpayer for the Earned Income Credit and the Child Tax Credit. 

 

A person can still be a Qualifying relative dependent, if not a Qualifying Child, if he meets all 6 tests for claiming a dependent (failing any one test disqualifies a dependent):

  1. Closely Related OR live with the taxpayer ALL year
  2. His/her gross taxable income for the year must be less than $4300 
  3. The taxpayer must have provided more than 1/2 his support

In either case:

  1. He must be a US citizen or resident of the US, Canada or Mexico
  2. He must not file a joint return with his spouse or be claiming a dependent of his own
  3. He must not be the qualifying child of another taxpayer
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