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It depends on a few things, see the requirements below. The last requirement here is that he cannot claim himself. If he meets the other requirements but claimed himself when he filed his taxes, he would need to amend his return before you would be eligible to claim him as a dependent. These rules are different than the claiming Head of Household, so although he may not be your dependent, you may still list him on your return if you support him.
Qualifying Relative
Here is a checklist for determining whether your brother (or other relative) qualifies as a dependent.
- Do they live with you? Your relative must live with you for more than half the year.
- Do they make less than $4,050 in 2016? Your relative cannot have a gross income of more than $4,050 in 2016 and be claimed by you as a dependent.
- Do you financially support them? You must provide more than half of your relative’s total support each year.
- Are you the only person claiming them? This means you can’t claim the same person twice, once as a qualifying relative and again as a qualifying child. It also means you can’t claim a relative—say a cousin—if someone else, such as his parents, also claim him.
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