Claiming my brother as a nondependent child?

[JotikaT2]

Are you trying to claim your brother as a dependent on your tax return.

If so, as long as you meet all of the requirements, you can do so.  

Please see the following link to determine if you meet the requirements.  

Dependent qualifications

[jtlim03]

Hello! I will provide more details below.  I am trying to see if I can claim my brother as a "nondependent child."

My brother is 21 and was a full-time student in 2019.  He also earned over $28,000 and has already filed his own tax return as an independent filer.

However, he still lived with me for the entire year.  

Am I able to claim him as a non-dependent child on my tax return for EIC purposes?

And if so, would he have to amend his tax return?

Thank you for your help!

[VictoriaD75]

No. You cannot claim your brother as a dependent. He would need to have had income less than $4,200 for you to claim him on your return, and you would have had to provide more than half of his support.

Rules for Claiming a Dependent