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I’ve claimed my brother as a dependent for the past few years. He is disabled. He started working in 2019. Would I still be able to claim him regardless of his income since he is disabled? I have

 
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4 Replies
Anonymous
Not applicable

I’ve claimed my brother as a dependent for the past few years. He is disabled. He started working in 2019. Would I still be able to claim him regardless of his income since he is disabled? I have

me bad 

there is a primary test that must be met before even checking if he's qualifying child or relative

 

can you or your spouse if filing jointly be claimed as a dependent by another taxpayer unless merely filing a return with no tax liability to get back taxes withheld IRC 152(b)

 

irc 152(c)

(c) Qualifying child For purposes of this section—
   (1) In general The term “qualifying child” means, with respect to any taxpayer for any taxable year, an           individual—
        (A)who bears a relationship to the taxpayer described in paragraph (2),
        (B)who has the same principal place of abode as the taxpayer for more than one-half of such                               taxable year,
        (C)who meets the age requirements of paragraph (3),
        (D)who has not provided over one-half of such individual’s own support for the calendar year in                        which the taxable year of the taxpayer begins, and
        (E)who has not filed a joint return (other than only for a claim of refund) with the individual’s                              spouse under section 6013 for the taxable year beginning in the calendar year in which the                       taxable year of the taxpayer begins.
   (2)RelationshipFor purposes of paragraph (1)(A), an individual bears a relationship to the taxpayer                          described in this paragraph if such individual is—
              (A)a child of the taxpayer or a descendant of such a child, or
              (B)a brother, sister, stepbrother, or stepsister of the taxpayer or a descendant of any such                                        relative.
   (3)Age requirements
            (A)In general For purposes of paragraph (1)(C), an individual meets the requirements of this                                  paragraph if such individual is younger than the taxpayer claiming such individual as a                                qualifying child and
                    (i)has not attained the age of 19 as of the close of the calendar year in which the taxable                                          year  of the taxpayer begins, or
                    (ii)is a student who has not attained the age of 24 as of the close of such calendar year.
           (B)Special rule for disabled
                         In the case of an individual who is permanently and totally disabled (as defined in section                             22(e)(3)) at any time during such calendar year, the requirements of subparagraph (A)                                  shall be treated as met with respect to such individual.   (ME: if he's gainfully employed                                         he isn't totally and permanently disabled)

   (4)Special rule relating to 2 or more who can claim the same qualifying child
                (A)In general Except as provided in subparagraphs (B) and (C), if (but for this paragraph) an                                  individual may be claimed as a qualifying child by 2 or more taxpayers for a taxable                                       year             beginning in the same calendar year, such individual shall be treated as                                   the qualifying child of the taxpayer who is—
                          (i)a parent of the individual, or
                           (ii)if clause (i) does not apply, the taxpayer with the highest adjusted gross income for                                       such taxable year.
              (B)More than 1 parent claiming qualifying child If the parents claiming any qualifying child do                            not file a joint return together, such child shall be treated as the qualifying child of—
                               (i)the parent with whom the child resided for the longest period of time during the                                                taxable year, or
                               (ii)if the child resides with both parents for the same amount of time during such                                                   taxable year, the parent with the highest adjusted gross income.
             (C)No parent claiming qualifying child
                   If the parents of an individual may claim such individual as a qualifying child but no parent                                so            claims the individual, such individual may be claimed as the qualifying child of                         another taxpayer but only if the adjusted gross income of such taxpayer is higher than the                            highest adjusted gross income of any parent of the individual.

 

 

(d)Qualifying relative For purposes of this section—
           (1)In general The term “qualifying relative” means, with respect to any taxpayer for any taxable                          year, an individual—
                   (A)who bears a relationship to the taxpayer described in paragraph (2),
                   (B)whose gross income for the calendar year in which such taxable year begins is less than                                    the exemption amount (as defined in section 151(d)), $4,200 for 2019
                  (C)with respect to whom the taxpayer provides over one-half of the individual’s support for                                the calendar year in which such taxable year begins, and
                   (D)who is not a qualifying child of such taxpayer or of any other taxpayer for any taxable year                           beginning in the calendar year in which such taxable year begins.
                                 (2)RelationshipFor purposes of paragraph (1)(A), an individual bears a relationship to                                         the taxpayer described in this paragraph if the individual is any of the following                                             with respect to the taxpayer:
                                            (A)A child or a descendant of a child.
                                            (B)A brother, sister, stepbrother, or stepsister.
                                            (C)The father or mother, or an ancestor of either.
                                            (D)A stepfather or stepmother.
                                            (E)A son or daughter of a brother or sister of the taxpayer.
                                            (F)A brother or sister of the father or mother of the taxpayer.
                                            (G)A son-in-law, daughter-in-law, father-in-law, mother-in-law, brother-in-law,                                                  or  sister-in-law.
                                             (H)An individual (other than an individual who at any time during the taxable                                                        year was the spouse, determined without regard to section 7703, of the                                                              taxpayer) who, for the taxable year of the taxpayer, has the same                                                                            principal place of abode as the taxpayer and is a member of the                                                                     taxpayer’s household.

I’ve claimed my brother as a dependent for the past few years. He is disabled. He started working in 2019. Would I still be able to claim him regardless of his income since he is disabled? I have

@Anonymous See user's other post:

 

https://ttlc.intuit.com/community/taxes/discussion/my-brother-is-disabled-and-worked-this-year-and-made-about-10-000-before-taxes-i-usually-claim-him/01/1096291

**Disclaimer: Every effort has been made to offer the most correct information possible. The poster disclaims any legal responsibility for the accuracy of the information that is contained in this post.**

I’ve claimed my brother as a dependent for the past few years. He is disabled. He started working in 2019. Would I still be able to claim him regardless of his income since he is disabled? I have

Hmmm I’m confused because someone else on here told me I was able to claim him. Also did the interactive dependent test on the IRS’s website, put in the info and it said I’m allowed to claim him as my dependent. Also, my mother can’t claim him since she doesn’t work, she receives Social Security. It’s just me her and him in the household. 

I’ve claimed my brother as a dependent for the past few years. He is disabled. He started working in 2019. Would I still be able to claim him regardless of his income since he is disabled? I have

Hmmm I’m confused because someone else on here told me I was able to claim him. Also did the interactive dependent test on the IRS’s website, put in the info and it said I’m allowed to claim him as my dependent. Also, my mother can’t claim him since she doesn’t work, she receives Social Security. It’s just me her and him in the household.

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