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February 3, 2020
Question

Can my brother in law claim my wife and daughter if we live with him and don’t technically pay bills unless he needs some extra money?

  • February 3, 2020
  • 1 reply
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1 reply

ColeenD3
February 3, 2020

Maybe. They could possibly be Qualifying Relatives for him. See the qualifications in this below.

 

The 4 tests that will qualify a relative as a dependent are:

  • Qualifying Child: They are not the “qualifying child” of another taxpayer or your “qualifying child.”
  • Gross Income: The dependent being claimed earns less than $4,200 in 2019 ($4,150 in 2018).
  • Total Support: You provide more than half of the total support for the year.
  • Member of Household or Relationship: The person (a friend, girlfriend, non-blood relative) must live with you all year as a member of your household or be related to you.

Many taxpayers are surprised to find they may be able to claim a boyfriend, girlfriend, domestic partner, or friend as a qualifying relative if:

  • They are a member of your household the entire year.
  • The relationship between you and the dependent does not violate the law, for example, you can not still be married to someone else. (Also, check your individual state law, as some states do not allow you to claim a boyfriend or girlfriend as a dependent even if your relationship doesn’t violate the law).
  • You meet all the other criteria for “qualifying relatives” (gross income and support).