claiming my brother as a dependent?

[ashmebee]

My brother lived with his aunt and uncle until the beginning of August when they kicked him out, while he was living there he was paying rent and buying his own food and whatever else he needed for himself. He is now staying with me but I am not charging him anything to stay with me. Am I able to claim him as a dependent on my taxes this coming year or are they? They are refusing to give him his birth certificate and social security card. He is 18 years old and works part time.

[xmasbaby0]

No, if your brother has only lived with you since early August, he will not have lived with you for half of 2019 even if he continues to live with you for the remainder of the year.

WHO CAN I CLAIM AS A DEPENDENT?

You can claim a child, relative, friend, fiance (etc.) as a dependent on your 2018 taxes as long as they meet the following requirements:

Qualifying child

• They are related to you.

• They aren't claimed as a dependent by someone else.

• They are a U.S. citizen, resident alien, national, or a Canadian or Mexican resident.

• They aren’t filing a joint return with their spouse.

• They are under the age of 19 (or 24 for full-time students).

◦ No age limit for permanently and totally disabled children.

• They live with you for more than half the year (exceptions apply).

Qualifying relative

• They don't have to be related to you (despite the name).

• They aren't claimed as a dependent by someone else.

• They are a U.S. citizen, resident alien, national, or a Canadian or Mexican resident.

• They aren’t filing a joint return with their spouse.

• They lived with you the entire year.

• They made less than $4,150 in 2018

• You provided more than half of their financial support. More info

When you add someone as a dependent, we'll ask a series of questions to make sure you can claim them.

Related Information:

• Does a dependent have to live with me?

• What does "financially support another person" mean?

• Can I claim a newborn baby?

The aunt and uncle's refusal to give him his birth certificate  and SS card are a legal issue, not a tax issue.

[Hal_Al]

"They aren't claimed as a dependent by someone else" is not exactly correct. The rule is  that he must not be the Qualifying child of another taxpayer (whether they claim him or not).  There's also another rule for being a Qualifying Child: he must not have provided more than half his own support for the year.

But all  that's just  technicalities.  You still cannot  claim him for other reasons.  If he did not provide more than half his own support, for the whole year, he is the qualifying child of his aunt and uncle and therefore you cannot claim him.  If he  did provide  more than half his own support, you still cannot claim him, because You DIDN'T provided more than half of his financial support.