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Posted by pogostick on January 18, 2007, 4:01 am
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Could my parents claim my brother as a dependent, he's 25,
but lives with them for disability reasons. They also pay
for his heath care, can that be a deduction? Thanks!
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Posted by Phil Marti on January 19, 2007, 1:20 am
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> Could my parents claim my brother as a dependent, he's 25,
> but lives with them for disability reasons.
Possibly. It depends on what income he has and, possibly,
the source of it. See IRS Publication 501.
> They also pay for his heath care, can that be a deduction?
If they provide more than half his support they can deduct
his medical expenses whether he qualifies as a dependent or
not. See IRS Publication 502.
--
Phil Marti
Clarksburg, MD
<< ======================================================= >>
<< The foregoing was not intended or written to be used, >>
<< nor can it used, for the purpose of avoiding penalties >>
<< that may be imposed upon the taxpayer. >>
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<< The Charter and the Guidelines for submitting posts >>
<< to this newsgroup as well as our anti-spamming policy >>
<< are at www.asktax.org. >>
<< Copyright (2006) - All rights reserved. >>
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Posted by A.G. Kalman on January 19, 2007, 1:20 am
Please log in for more thread options pogostick wrote:
> Could my parents claim my brother as a dependent, he's 25,
> but lives with them for disability reasons. They also pay
> for his heath care, can that be a deduction? Thanks!
IRS Pub 521 (see link below) provides the complete rules for
claiming a dependency exemption. IRS Pub 502 explains the
rules for deducting medical expenses. The following explains
the most relevant and what possibly may be sticking points.
Assuming your brother is not self-supporting, he might be a
qualifying child of his parents if he is permanently and
totally disabled. For this purpose, permanently and totally
disabled means he cannot engage in any substantial gainful
activity because of a physical or mental condition and a
doctor determines the condition has lasted or can be
expected to last continuously for at least a year or can
lead to death.
If he does not meet this test, it is possible that he may be
a qualifying relative. This would require that his parents
are providing more than half of his total support and that
his taxable gross income is less than $3300 in 2006.
A taxpayer is allowed to deduct unreimbursed medical
expenses paid for the benefit of a dependent. If your
brother is not a qualifying child but would be a qualifying
relative except for the fact that his gross income is too
high, the law still would allow his parents to take the
medical deduction as gross income is excluded from the
formula.
http://www.irs.gov/publications/p501/index.html
http://www.irs.gov/publications/p502/index.html
<< ======================================================= >>
<< The foregoing was not intended or written to be used, >>
<< nor can it used, for the purpose of avoiding penalties >>
<< that may be imposed upon the taxpayer. >>
<< >>
<< The Charter and the Guidelines for submitting posts >>
<< to this newsgroup as well as our anti-spamming policy >>
<< are at www.asktax.org. >>
<< Copyright (2006) - All rights reserved. >>
<< ======================================================= >>
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