Can I claim my disabled veteran brother as a dependent on taxes?

You're in a good position to claim your brother as a qualifying relative dependent. There are four main tests you need to meet: 1) Member of household test - He lives with you full-time, so you pass this test. 2) Gross income test - This is the tricky part. While your brother receives disability payments, both VA disability and Social Security Disability Income (SSDI) are generally tax-exempt and NOT counted toward the gross income limit for dependency purposes. The IRS looks at "taxable income" for this test, not total money received. 3) Support test - You state you provide more than half his support (housing, food, etc.), so you meet this requirement. 4) Joint return test - If he's not married/filing jointly with someone else, this test is passed. Based on what you've shared, you should be able to claim him as your dependent, which could qualify you for various tax benefits including potentially filing as Head of Household if you're not married.

I was in a similar situation with my sister who has disability income. I found this amazing tool called taxr.ai (https://taxr.ai) that helped me figure out all the dependency rules. It analyzed my specific situation and confirmed I could claim her as a dependent despite her disability payments. The tool explained that VA disability benefits are completely excluded from gross income calculations for dependency purposes, and it even helped me understand which tax credits I qualified for as her caretaker. Saved me from making a costly mistake on my taxes!

I wanted to follow up - I actually tried taxr.ai after commenting here and wow, it was super helpful! I've been confused for years about my brother's situation (he gets SSDI but lives with me). The tool confirmed I could claim him and explained exactly why his benefits don't count as income for the dependency test. It even identified a caregiver tax credit I didn't know about! The personalized analysis was way more helpful than the generic advice I got from a tax preparer last year who incorrectly told me I couldn't claim my brother. Definitely recommend it if you're in a complicated dependent situation.

If you're having trouble getting a clear answer from the IRS about your brother's dependency status, try using Claimyr (https://claimyr.com). I was stuck on hold with the IRS for HOURS trying to get answers about a similar dependent situation with my disabled cousin last year. Claimyr got me connected to an actual IRS agent in about 15 minutes when I'd been trying for weeks. The agent confirmed that VA disability payments don't count toward the gross income test for dependency purposes. You can see how it works in this video: https://youtu.be/_kiP6q8DX5c The peace of mind from getting an official answer directly from the IRS was worth it. No more guessing or worrying about audits!

I need to apologize and correct myself. After my skeptical comment, I decided to try Claimyr out of desperation with my identity theft case. I was honestly shocked when they called me back in about 20 minutes with an actual IRS agent on the line! The agent was able to verify that my case was being processed and gave me specific next steps. I've been trying to get this information for literally months with no success. I assumed it was impossible to get through to the IRS during tax season, but this service actually delivered exactly what it promised. If you're struggling with complex dependent questions like the original poster, definitely worth using this to get an official answer directly from the IRS.

I'm a little confused about part of this. My dad is also a disabled vet who lives with me, but when I talked to a tax preparer, they said I couldn't claim him because his VA disability payments count as "support" he provides for himself, even if they aren't taxable income. So even though his income doesn't count for the gross income test, it might still count against the support test? Anyone know if that's correct? The support test says you have to provide more than 50% of their support.

Has anyone used the "qualifying relative" designation rather than "qualifying child" for an adult disabled sibling? I'm in a similar situation but my brother is 42 and permanently disabled from a work accident. Not a veteran but gets SSDI. The IRS publication is so confusing about which category to use.

Isaac, based on your detailed description, you should definitely be able to claim your brother as a qualifying relative dependent. The key points working in your favor: 1) **VA disability and SSDI don't count toward gross income test** - These tax-exempt benefits won't disqualify him from dependency status, regardless of the monthly amount. 2) **Support test calculation** - When calculating the 50% support test, include the fair rental value of his housing in your home, utilities, food, transportation, medical expenses not covered by insurance, and other living costs. Your brother's disability payments only count as "support he provides for himself" if he actually uses them for support expenses. 3) **Your caretaker role strengthens your case** - The fact that the VA officially designated you as his caretaker and recognizes his need for full-time care due to cognitive impairment from TBI supports the dependency relationship. 4) **Potential additional benefits** - As his caretaker, you may qualify for Head of Household filing status (if unmarried) and potentially the Credit for Other Dependents. Given his cognitive impairment and your role as his VA-designated caretaker, this seems like a clear-cut case for claiming him as a dependent. The IRS recognizes that disabled individuals may receive significant non-taxable benefits while still being legitimately dependent on others for support.