Can I claim my father in law as a dependant, He lives with us and his total income is 23,768.08. I am married and my wife lives with me and her net icome is $0

[sherry-dave]

We have applied for the disability tax credit but that process is in it's infancy. We do have the form signed from the doctor from that process.

[ayseleren18]

Thank you for choosing TurboTax, 

Eligible Dependant Credit is a Non-Refundable Tax Credit designed for single adults who are not claiming the spouse/common-law partner credit and who are responsible for the financial care of a relative.

To claim the credit, both of these criteria must be met:

at any time during the year:

• You did not have a spouse or common-law partner, or if you did, you weren’t living with or being supported by them.
• The dependant was supported by you, meaning you maintained home and the dependant lived with you. Just visiting doesn’t count.

You lived with your wife, and you will claim the spousal tax credit.  Therefore, you don't meet the criteria to claim your father as a dependant. Therefore,  you cannot claim the eligible dependant tax credit for your father.

However, you may be able to claim the Canada Caregiver Credit for your father if he depends on you for support because of physical or mental impairment.

Please see our TurboTax article on Everything You Need to Know About the Canada Caregiver Credit (CCC)   to learn more about CCC.

[Surajth]

We appreciate you choosing TurboTax, 

The eligible dependant tax credit cannot be claimed for your father-in-law because you do not meet the criteria to claim him as a dependent. 

You can claim your wife's spousal tax credit since she has lived with you.  

The Canada Caregiver Credit may be available to you if your father relies on you for support due to a physical or mental disability.

It is designed for single adults who are responsible for the financial care of a family member and who are not entitled to claim the spouse/common-law partner credit.

Both of the following criteria must be met to claim the credit:

Throughout the year:

• You didn't live with or receive support from a spouse or common-law partner.
• The dependant lived with you and was supported by you, meaning you maintained a home for the dependent. 
• Simply visiting is not enough.

If you require further assistance please contact our phone support team or contact us directly on Facebook or Twitter.