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jasonlewis843
New Member

Can I claim my little brother who's mentally challenged and legally blind? He does work

 
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Opus 17
Level 15

Can I claim my little brother who's mentally challenged and legally blind? He does work

There are two types of dependents.

A brother can be a qualifying child dependent, but qualifying child dependents must be under age 19, or full time students under age 24, or any age and be disabled.  Disabled for income tax purposes means 

1. unable to perform gainful work,

2. due to a condition that is permanent, or likely to last at least one year, or likely to lead to death.

Work in a job training program for disabled persons does not count as "gainful work" for this test, but most other kinds of work do count.  So if he is capable of performing gainful work, and is over the age limit, he can't be a qualifying child dependent.

The other type is a qualifying relative dependent.  A person can be your qualifying relative dependent if you pay more than half their living expenses and they earned less than $4050 of taxable income.

*Answers are correct to the best of my ability at the time of posting but do not constitute legal or tax advice.*

View solution in original post

3 Replies
SweetieJean
Level 15

Can I claim my little brother who's mentally challenged and legally blind? He does work

Does he live with you?
jasonlewis843
New Member

Can I claim my little brother who's mentally challenged and legally blind? He does work

Yes
Opus 17
Level 15

Can I claim my little brother who's mentally challenged and legally blind? He does work

There are two types of dependents.

A brother can be a qualifying child dependent, but qualifying child dependents must be under age 19, or full time students under age 24, or any age and be disabled.  Disabled for income tax purposes means 

1. unable to perform gainful work,

2. due to a condition that is permanent, or likely to last at least one year, or likely to lead to death.

Work in a job training program for disabled persons does not count as "gainful work" for this test, but most other kinds of work do count.  So if he is capable of performing gainful work, and is over the age limit, he can't be a qualifying child dependent.

The other type is a qualifying relative dependent.  A person can be your qualifying relative dependent if you pay more than half their living expenses and they earned less than $4050 of taxable income.

*Answers are correct to the best of my ability at the time of posting but do not constitute legal or tax advice.*

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