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Level 5
February 21, 2023
Question

Mother in Law be a dependent?

  • February 21, 2023
  • 1 reply
  • 23 views

I have done some research and getting conflicting information.  Can a mother in law be a dependent?  She lives full time with taxpayer.

Also, the mother in law had 90K in capital gains and only other income was Social Security of 13K which 11K was taxable.

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1 reply

Level 10
February 21, 2023

Try this IRS Tool, helps me out often

 

https://www.irs.gov/help/ita/whom-may-i-claim-as-a-dependent

 

yeknodAuthor
Level 5
February 21, 2023

Does the gross income include capital gains? 

Level 8
February 21, 2023

Can you reference the "conflicting information" you are getting?

A mother-in-law can be a "qualifying relative".  But not with an income in excess of $4400 for 2022.  In your case, income is gains from sales of property plus taxable Social Security, or $101000K.  Once you fail the gross income test, you can stop and not even consider the failure of the support test.