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    taxq's Avatar
    taxq Posts: 1, Reputation: 1
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    #1

    Feb 16, 2008, 11:21 PM
    Can I consider my brother (student) as a dependent?
    Hi,

    My brother is a foreign national and has been studying in the US, starting in August, 2007. I have been supporting him all along and he has less than $3000 as income. I can consider him as a dependent in my 2007 tax filing?

    I know that he has to be less than 24 years of age to be considered as a dependent and he does satisfy that constraint.

    Any help on this would be really appreciated.

    THanks
    AtlantaTaxExpert's Avatar
    AtlantaTaxExpert Posts: 21,836, Reputation: 846
    Senior Tax Expert
    		  
    #2

    Feb 29, 2008, 02:26 PM
    Negative. To be considered a dependent, the qualifying person MUST be a U.S. resident or citizen OR U.S. national.

    Since he is a foreign student, I assume he is on either a F-1 or J-1 visa, which makes him a non-resident alien and therefore ineligible to be claimed as a dependent.

    Sorry, but this is black letter law and NOT subject to interpretation.
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