Can a person claim a brother as a dependent who is in USA on education visa and is NOT a USA resident alien or USA citizen but has a social security number? Also, can he claim for his brother's tuition fees credit, etc. I suppose the answer would be same for both Federal and State (California). Thanks in advance for your help.
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If he has a social security number perhaps he is also a US resident? If he is a resident or citizen of the US, and meets the other tests IRS Publication 501, then you can claim him as your dependent. And if you do, you might be able to claim a credit for higher education costs as tuition & fees deduction or as a tax credit, as described in IRS Publication 970.
If he has a social security number perhaps he is also a US resident? If he is a resident or citizen of the US, and meets the other tests IRS Publication 501, then you can claim him as your dependent. And if you do, you might be able to claim a credit for higher education costs as tuition & fees deduction or as a tax credit, as described in IRS Publication 970.
In order to be a dependent a brother must be either a USA resident alien, a USA national, or a resident of Mexico or Canada.
No, Lifetime Learning credit can only be claimed by parent of dependent child or non-dependent student. Also, student must be a US person.
I am unfamiliar with California law.
Bill Patch
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