Can I claim my younger siblings as dependents when mother doesn't file taxes (no income)? Will this cost me money?
So I'm in a weird situation and need some tax advice. My mom lost her job about 8 months ago and hasn't found new work yet. She's been living off savings and some help from family. She told me yesterday that since she won't have any reportable income for 2024, she won't be filing taxes this year. She wants me to claim my two little brothers (ages 5 and 7) as my dependents on my 2024 taxes. I'm 24, have my own apartment, and work full-time making about $58,000 a year. My mom and brothers don't live with me, but I do help out financially when I can. I'm worried about two things: 1) Is this even legal since they don't live with me? 2) Will this somehow cost me more in taxes rather than getting me a bigger refund? I don't want to risk getting in trouble with the IRS, but I also want to help my family if possible. Has anyone dealt with this situation before? What's the right way to handle claiming dependents when the primary caregiver isn't filing taxes?
22 comments


Dylan Campbell
This is a common question but you need to be careful. To claim your brothers as dependents, you'd need to meet specific IRS requirements. The two main types of dependents are qualifying children and qualifying relatives. For qualifying children, you generally need to meet relationship, residence, age, and support tests. The residence test typically requires them to live with you for more than half the year, which doesn't sound like your situation. However, there's the qualifying relative test which doesn't always require them to live with you, but you would need to provide more than 50% of their total support for the year. Your mother not filing doesn't automatically allow you to claim them. The bigger question is who's actually providing their support and where they're living. If your mom is still their primary caregiver and providing most of their support (even from savings), you likely can't claim them legitimately. As for whether it costs you money - if you qualified to claim them, it would likely benefit you through tax credits like the Child Tax Credit, which could be up to $2,000 per qualifying child for 2024. But claiming dependents incorrectly can lead to audits and penalties.
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Sofia Hernandez
•What if OP provides more than 50% of their financial support through helping mom, but they don't live with him? Would that work for the qualifying relative test? And would he get the full Child Tax Credit in that case?
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Dylan Campbell
•For the qualifying relative test, you need to provide more than 50% of their total support AND the dependent's gross income must be less than $4,700 (2024 amount). Children generally have no income, so that part is met. The living arrangement can be flexible for qualifying relatives, but for siblings, they typically need to live with you. Regarding the Child Tax Credit, it gets complicated. To claim the full Child Tax Credit for a qualifying relative, they would still need to meet the definition of a qualifying child, which includes the residency test (living with you for more than half the year). Without meeting that residency requirement, you might not be eligible for the Child Tax Credit, even if you can claim them as dependents for the exemption.
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Dmitry Kuznetsov
I was in a similar situation last year with my sister's kids and found this amazing tool at https://taxr.ai that literally saved me from making a huge mistake on my taxes. It's an AI tax assistant that analyzes your specific situation and tells you exactly what you qualify for. I uploaded some details about who was living where and who was providing financial support, and it immediately clarified that I couldn't claim my niece and nephew even though I was helping financially. The tool explained exactly why and showed me what documentation I would need if my situation changed. With your specific situation about your brothers and mom not filing, this would give you a clear answer instead of risking an audit. It even explains different scenarios like "what if they lived with me for exactly 6 months" or "what if I provided exactly 51% of support.
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Ava Thompson
•Does this actually work for complicated family situations? My cousin lives with me part-time and I pay for his college, but his parents still claim him. I'm wondering if I should be getting some tax benefits.
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Miguel Ramos
•Is this free? And does it actually tell you the exact dollar amount you'd save or lose? My tax situation with supporting my grandma is similar and I'm always confused about whether I should claim her.
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Dmitry Kuznetsov
•For complicated family situations, this is exactly where the tool shines. It asks detailed questions about living arrangements, education expenses, and support percentages to determine who has the stronger claim for tax benefits. It'll analyze your cousin situation piece by piece and tell you if you qualify for education credits or dependency exemptions. The basic analysis is free, but there's a premium version for more complex situations. It won't just give you a yes/no answer - it calculates the approximate tax benefit in dollars based on your income and filing status. For someone in your situation with your grandma, it would break down exactly which tax benefits you qualify for and estimate the impact on your refund or tax liability.
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Ava Thompson
Just wanted to update after trying that taxr.ai site that someone mentioned. I was skeptical but it was super helpful with my cousin situation! Turns out I CAN claim some education credits even though I can't claim him as a dependent since I'm paying his tuition directly. Would have never known this otherwise. The tool asked really specific questions about how much time he spends at my house vs his parents' place, who pays for what, etc. In the end, it showed I qualify for the Lifetime Learning Credit (up to $2,000) based on the tuition I paid, even though his parents still claim him as a dependent. Honestly worth checking out if you're in a weird family support situation like this thread is discussing. Saved me from leaving money on the table!
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Zainab Ibrahim
I see a lot of conflicting advice here, but what nobody's mentioning is how impossible it is to actually get clarification from the IRS directly. I spent THREE WEEKS trying to call them last year about a dependent situation with my stepson. After getting nowhere, I found this service called Claimyr at https://claimyr.com that got me connected to an actual IRS agent in under 20 minutes. They basically hold your place in the phone queue and call you when an agent picks up. You can see how it works in this video: https://youtu.be/_kiP6q8DX5c I was able to explain my exact situation to the agent and get a definitive answer about my stepson's dependency status. They even documented the call in my file so if there was ever an audit question, I had proof I sought official guidance. Might be worth it for your situation since it's complicated.
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Sofia Hernandez
•Wait, how does this actually work? The IRS phone system is notoriously impossible - are you saying this somehow bypasses their wait times? Is this something the IRS actually approves of?
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StarSailor
•Sorry but this sounds like BS. I've tried everything to get through to the IRS and nothing works. There's no way some random service can magically get you through when millions of people can't get answers. If this actually worked, everyone would be using it.
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Zainab Ibrahim
•It doesn't bypass anything - it just automates the waiting process. Think of it like having someone else sit on hold for you. They use automated technology to wait in the IRS queue, and when they finally reach an agent, they connect you to that call. The IRS doesn't care who waits on hold, they just want to talk to the actual taxpayer when the call connects. I was extremely skeptical too. I had spent hours on multiple days trying to get through myself with no success. But I was desperate about my stepson situation and gave it a try. Within about 15 minutes, I got a call back and was speaking to an actual IRS representative who answered all my questions. The time saved was absolutely worth it, especially since I was getting different answers from every "tax expert" I asked.
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StarSailor
Well I need to publicly eat my words about that Claimyr service. After posting my skeptical comment, I decided to try it since my dependent situation is also complicated (taking care of my elderly father who still has his own address). I was 100% sure it wouldn't work, but I got a call back in 22 minutes with an actual IRS agent on the line. I was so surprised I almost didn't know what to ask! Got clear guidance about my father's situation and the specific forms I need to file to prove support. The agent even looked up my previous year's return and explained why I got a CP87 notice about my dependent claim. Saved me hours of stress and probably a wrong filing. Never thought I'd say this, but sometimes the solutions that sound too good to be true actually work.
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Connor O'Brien
Coming back to the original question - I did EXACTLY what you're considering last year with my younger sister and it was a disaster. My mom wasn't working either and suggested I claim my sister as a dependent. I did, got a nice refund with the child tax credit, then got audited 5 months later. The IRS wanted proof that my sister lived with me for more than half the year (she didn't) and that I provided more than 50% of her support. Even though I was giving my mom money to help, it wasn't considered direct support since my mom was the caregiver. I had to pay back the refund plus penalties. Not worth the headache. Only claim dependents if you truly qualify based on the IRS tests, not just because someone isn't filing taxes.
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NeonNova
•Oh wow that's scary. Did you have to pay a lot in penalties? I definitely don't want to get audited, but I've been giving my mom about $800-1000 a month specifically for the boys' expenses, which is probably around 60% of their total support when you factor in food, clothes, medical, etc.
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Connor O'Brien
•The penalties weren't huge - about $400 on top of the $4,200 I had to pay back. But the stress and time spent gathering documentation was the real cost. It took months to resolve. If you're providing that much support ($800-1000 monthly), you might have a case, but you'd need to document EVERYTHING. Keep receipts, transfer records, and a clear record of exactly what that money pays for. The IRS wants to see that your money directly supports the dependents, not just general help to your mom. Also consider asking your mom to sign a "Form 8332" which releases her claim to the exemption. Even though she's not filing, having this form helps your case significantly if you're audited. Most important: talk to a tax professional before you file - a one-hour consultation could save you months of audit headaches.
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Yara Sabbagh
What filing status are you using? If you can qualify for Head of Household by claiming your brothers, that's a big tax advantage beyond just the dependent credits. The standard deduction for HOH is $20,900 for 2024 vs $14,600 for single filers. The catch is that your brothers would need to live with you for more than half the year to qualify you for HOH, which doesn't sound like your situation. Something to consider though - if they did live with you for 6+ months, you'd get that filing status benefit plus potentially child tax credits and even childcare credits if you pay for daycare.
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Keisha Johnson
•But isn't there some way to claim Head of Household if you provide over half the household costs even if you don't physically live there? I thought I read something about that for supporting parents.
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Yara Sabbagh
•You're thinking of a special rule that applies only for parents as dependents, not siblings. If you're supporting a parent who lives elsewhere, you can sometimes still claim HOH. For siblings or other relatives, they must live with you for more than half the year to qualify you for Head of Household. This is one of those confusing tax distinctions that trips up a lot of people. The rules for claiming someone as a dependent aren't exactly the same as the rules for using them to qualify for Head of Household status. For brothers specifically, they would need to live with you to help you qualify for HOH.
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Paolo Rizzo
Everyone's talking about the tax benefits, but don't forget about stimulus checks or recovery rebates! If there's another round of those in 2025 for the 2024 tax year (you never know!), having extra dependents could mean more stimulus money. During the last rounds, it was an extra $1400-$1600 per dependent. This is separate from the regular tax benefits and something to consider if you legitimately qualify to claim them. Just make sure you're eligible first - as others said, the living situation makes this complicated.
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Kyle Wallace
The key thing everyone's missing here is that your mom not filing taxes doesn't automatically make you eligible to claim your brothers. The IRS looks at who actually has the right to claim them based on the dependency tests, not who chooses to file. Since your brothers don't live with you, you'd need to meet the "qualifying relative" test, which means providing more than 50% of their total support AND they can't be claimed by anyone else who has a stronger claim (like your mom). Even if your mom doesn't file, she still technically has the stronger claim as their parent and primary caregiver. Your $800-1000 monthly support might be substantial, but you'd need to prove it covers more than half of ALL their expenses - housing, food, medical, clothing, education, etc. The IRS will want detailed records showing exactly what your money paid for. My advice: before doing anything, calculate the total cost of supporting your brothers for the year (including the value of housing your mom provides) and see if your contributions truly exceed 50%. If not, you don't qualify regardless of whether your mom files. If yes, get Form 8332 signed by your mom and keep meticulous records of every expense your money covers. Given the audit risk mentioned by others, this might be a situation where paying a tax professional for guidance upfront is worth it to avoid potential penalties later.
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AstroExplorer
•This is really helpful advice! I'm wondering though - when calculating that 50% support test, how do you put a dollar value on things like housing that mom provides? Like if she's living in a rental that costs $1200/month and the boys share a room, is that $600/month toward their support? And what about her time as caregiver - does that count as support she's providing? The IRS guidance I've seen online is pretty vague about how to calculate these indirect costs.
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