i AM THE LEGAL GUARDIAN OF MY DISABLED BROTHER, WHO DOES NOT LIVE WITH ME AND RECEIVES SSI(SUPPLEMENTAL SECURITY INCOME) HE IS WHEELCHAIR BOUND. I PROVIDE MORE THEN HALF OF HIS SUPPORT. I AM IN THE STATE OF CONNECTICUT. CAN I CLAIM HIM AS MY DEPENDENT? DOES HIS SSI COUNT AS GROSS INCOME?
2007-02-14 01:31:59 · 10 answers · asked by ladytaj2003 1 in Business & Finance ➔ Taxes ➔ United States
I think he has to live with you
2007-02-14 01:42:35 · answer #1 · answered by Anonymous · 0⤊ 3⤋
There are sure a lot of wrong, or partially wrong, answers here to your question.
As long as you provide more than half of his support and his gross income is not over $3300 for the year, then yes you can claim him as a dependent under the circumstances you mention. His SSI does NOT count as gross income for the gross income test, but if he uses it toward his own support, it does count in determining whether you provide half of his support. Since he's your brother, there is no requirement that he live with you for you to claim him as a qualifying relative.
2007-02-14 08:19:15 · answer #2 · answered by Judy 7 · 0⤊ 0⤋
A portion of SSI can be taxable depending upon other substantial income. You should receive or obtain a SSA-1099 showing the amounts of benefit received. If the only benefit he received was SSI, it is not taxable, and is not gross income.
Your brother is a dependent if he meets the three tests:
1. Member of your household OR your immediate relative. He DOES NOT have to live with you since he is your brother.
2. Less than $3300 of gross TAXABLE income. If there is no other income, SSI is not taxable.
3. You provided more than 50% of his support. If you paid at least $401 of his $800 a month support you meet this test.
There are several other possible credits and categories to assist you: Head of Household filing, Disabled Car Credit, Disabled Dependent Credit, Earned Income Credit. This is complicated.
I suggest you consult a Tax Pro. The fee for doing the return will generally be less than 10% of the refund, and you can have the fee paid out of the refund with no out of pocket expense.
God bless you for caring for your brother.
2007-02-14 02:51:31 · answer #3 · answered by Robert in Nuuanu 3 · 0⤊ 2⤋
His Social Security payment does not count as your income even if you are the Rep Payee. All you have to do is prove that you do pay more than half of his support. So, if he gets $800 a month and that you pay $801 a month you can claim him as a dependent. I don't believe he has to live with you because it is something like a father paying support for a child that lives with the mother if he is paying more than half of the support.
There are on line free tax preparation services that ask you a lot of questions that you answer and it will fill out the proper form/s. I think if you go to www.irs.gov you can do it there. Or you might use Google and look for a free tax preparation site it will come up with several to use.
PS I am the mother of a disabled adult child and am his legal guardian in Massachusetts.
2007-02-14 01:49:22 · answer #4 · answered by Aliz 6 · 0⤊ 3⤋
A caveat. If you claim either of them, showing that you've paid more than 50% of their support, then THEY could be audited by SSI and possibly owe an overpayment, and their current checks get reduced. They are making the money they are making on the basis of self support, and if someone else provides support for them, too, their payments WILL drop, and depending on how long the agency deems they were supported, they may both have to owe back a chunk of change to them.
2016-03-29 06:08:13 · answer #5 · answered by Anonymous · 0⤊ 0⤋
As long as you provided more than half of his support, you can claim him as a dependent. Since he is your brother, he does NOT need to live with you.
SSI does not count as gross income.
2007-02-14 02:35:10 · answer #6 · answered by Bostonian In MO 7 · 1⤊ 1⤋
Do you provide his housing? I would recommend the hands on help of a tax professional. National Association of Tax Professionals (NATP) can give you names of members who work in such places as H&R Block, Jackson Hewitt, etc in your area. This will help assure you of professionalism.
As far as the SSI goes your income will have to be 1.5 times greater than his to be over half of his support.
www.irs.gov, individual, publication 17. What is a dependent. Should answer this for you as well.
good luck & blessing
2007-02-14 01:41:03 · answer #7 · answered by Wood Smoke ~ Free2Bme! 6 · 0⤊ 3⤋
I have a downs little boy. Its my understanding they must be over 18- they must live with you. Check with your accountant though
2007-02-14 01:40:50 · answer #8 · answered by Anonymous · 0⤊ 2⤋
Maybe you should ask your accountant.
2007-02-14 01:35:14 · answer #9 · answered by Anonymous · 0⤊ 1⤋
i think u can,
2007-02-14 01:34:52 · answer #10 · answered by meme rules 2 · 0⤊ 1⤋