Hi

I am supporting my brother in law for his tuition/living expenses while he is doing his masters. My Brother in law is on F1 , has SSN and has been here since 2007 (Did his bachelors first) . I want to know if I can claim any deductions for him. I am guessing he is a resident for tax purpose as he is here for > 5 years.


Any advice appreciated.

Thanks

You can if he has earned less than the amount set by the IRS, which is pretty low, like $3500/yr. That is regardless of his age, btw- my sister was able to take the deduction for her 40 yr old son, but I could not for me 25 yr old daughter, who lived with me more than 6 months of the year, but made just over $6000. Now you tell me who is self-supporting @ $6,000/yr. Anyway, I'm sure a tax professional has the exact amount they can have earned and still be considered a dependent, but just so you know in my experience with my CPA the amount was really ridiculously low. :(

The exact amount is $3,800, and, yes, you CAN claim him as a dependent because he IS a resident for tax purposes.

Thanks for the quick reply. What dcos I need from him in order to claim him? And I forgot to mention , he does not live with me . He lives in NY where he goes to school.

Thanks

His name and SSN will be needed.

I assume he is your wife's brother, and that you will be filing a JOINT return with your wife. If so, there is no requirement that he live with you, only that you provide over HALF of his total support and that he did not earn $3,800.

Great David.

Will get in touch with you in a couple of days.

Excellent! I will be looking for your email.