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Claiming a dependent that lives out of state

So my mom has asked me to claim my brother on my tax return since she is disabled and cant file because she has no income. I've provided them both financial support but do not live in the same state as them and they've had no consistent living arrangements (greater than 6 months). I've attempted to self file with both TurboTax and TaxSlayer and realized to credited for my brother he'd have to live with me more than 6 months a year. (He's enrolled in school in another state but stays with me during breaks and holidays} Would I just put more than 6 months when asked? I've never claimed a dependent and just want to file correctly.

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3 Replies
MayaD
Employee Tax Expert

Claiming a dependent that lives out of state

In order to claim your brother as a dependent on your return he should meet all the Qualifying child 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).Temporary absences while away at college are considered living with you.

 

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Claiming a dependent that lives out of state

Thanks I already know that qualifications. My question addresses more of the exceptions and temporarily absences part of it.

Claiming a dependent that lives out of state


@lildarkwing wrote:

Thanks I already know that qualifications. My question addresses more of the exceptions and temporarily absences part of it.


The temporary absence to attend school means that he is only temporarily away from the home in which he would have lived more than half the year had he not been attending school.

 

From what you posted it would appear that your residence would not have been his residence had he not been attending school since it does not appear that you would have otherwise been living together more than half the year.

**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.**

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