Brother In-Law Dependent

[dkidd27]

My brother in law lives with me and my wife and he meets all of the qualifications for claiming him as a dependent except he for he made more than $4,300 last year. Can we no longer claim him as a dependent? 

[VolvoGirl]

Sorry if he made over 4,300 you can not claim him.   Unless he was under 19 or under 24 and a full time student.  

[MAC423]

Agreed.   If your brother-in-law grosses over $4300, he is not your dependent in 2020.

Age does not matter.  The age 19 and 24 rules apply to determining  a Qualifying Child.

[VolvoGirl]

A sibling can be a qualifying child.  See Pub 501 page 12

https://www.irs.gov/pub/irs-pdf/p501.pdf 

[MAC423]

Agreed.  I was just concerned that a Brother-in-law is not necessarily a sibling of the husband and wife he is living with.  I should have been more clear.  Thanks!

So, yes, if the Brother-in-law is a brother of the husband or wife, then he could be a dependent based on age.

[DianeW777]

Yes, as long as all of the qualifications are all met for your brother-in-law as a dependent. 

• Who is eligible to be my dependent?