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You cannot claim a married person who files a joint return as a dependent unless the joint income tax return is only a claim for refund and there would be no tax liability for either spouse on separate returns.

You cannot claim a person as a dependent unless that person is a U.S. citizen, U.S. resident alien, U.S. national, or a resident of Canada or Mexico

You cannot claim a person as a dependent unless that person is your qualifying child or qualifying relative.

Qualifying child

· The child must be your son, daughter, stepchild, foster child, brother, sister, half brother, half sister, stepbrother, stepsister, or a descendant of any of them.

· The child must be (a) under age 19 at the end of the year and younger than you (or your spouse, if filing jointly), (b) under age 24 at the end of the year, a full-time student, and younger than you (or your spouse, if filing jointly), or (c) any age if permanently and totally disabled.

· The child must have lived with you for more than half of the year.2

· The child must not have provided more than half of his or her own support for the year.

· The child is not filing a joint return for the year (unless that return is filed only as a claim for refund).

· If the child meets the rules to be a qualifying child of more than one person, you must be the person entitled to claim the child as a qualifying child.

Qualifying relative dependent

· The person cannot be your qualifying child or the qualifying child of any other taxpayer.

· The person either (a) must be related to you in one of the ways listed under Relatives who do not have to live with you, or (b) must live with you all year as a member of your household2 (and your relationship must not violate local law).

· The person's gross income for the year must be less than $3,650.3

· You must provide more than half of the person's total support for the year.4

For all of the rules go to the IRS gov website and use the search box for PUBLICATION 17 go to chapter 3

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