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

    Feb 27, 2007, 06:26 PM
    Can a H1 claim a F1 as dependent?
    This is the first time I am filing taxes under H1 status. I have been working on OPT until Oct 2007 and since then working on H1.

    I am single and My brother stays with me under F1 visa (since 2005) and I would like to know if I can claim my brother as my dependent. He does not have any income and I take care of more than half of his expenses.

    Also, I would like to know if I can file it as Head of the Household.

    It would be great if you could answer these questions and help me file my tax return this year.

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

    Mar 1, 2007, 07:12 AM
    Vijaya:

    You cannot claim your brother as a dependent because he is NOT a resident of the U.S. (his F-1 visa precludes that).

    Since you cannot claim him as a dependent, you cannot file as Head of Household.
    andy7808's Avatar
    andy7808 Posts: 2, Reputation: 1
    New Member
    		  
    #3

    Dec 8, 2008, 08:57 AM
    Quote Originally Posted by AtlantaTaxExpert View Post
    Vijaya:

    You cannot claim your brother as a dependent because he is NOT a resident of the U.S. (his F-1 visa precludes that).

    Since you cannot claim him as a dependent, you cannot file as Head of Household.
    Atlanta Tax Expert: I am in a similar boat. I understand that I cannot claim my brother on my returns since he is not a citizen. I have been paying for all his tuition fees. Can I claim that on my tax returns?
    IntlTax's Avatar
    IntlTax Posts: 831, Reputation: 23
    Tax Expert
    		  
    #4

    Dec 8, 2008, 09:43 AM

    The payment of tuition to you brother is a gift and is not deductible.
    AtlantaTaxExpert's Avatar
    AtlantaTaxExpert Posts: 21,836, Reputation: 846
    Senior Tax Expert
    		  
    #5

    Dec 8, 2008, 12:11 PM
    Agreed.

    In order to claim tuition costs as either a deduction or credit, these costs MUST be for either yourself, your spouse or your legal dependent.
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