The house is leased to the mother, no one else name is on the lease, can one sister carry the other sister child on her taxes just because they are all in the same household
2006-11-12 13:27:03 · 6 answers · asked by robertina m 1 in Business & Finance ➔ Taxes ➔ United States
Believe it or not, the answer is "Yes" if all of the following are true:
- Your sister's child did not pay for over half of her own living expenses. I didn't say YOU paid for half of her living expenses, I said that the child didn't pay for their living expenses. This is a new law that changed in 2005. It surprises and shocks most people to hear that you can claim a child even if you didn't pay one red cent for their upkeep. It is true! Look it up yourself on Publication 17 (attached link).
- You lived in the same house as your sister's child for at least 1/2 the calendar year.
- Your sister's child is under 19 or under 24 AND going to school full time.
- You can not be claimed as a dependent by anyone else.
- No one else is GOING to claim the child on their tax return.
If the last statement is false because the person claiming the child is the parent of the child, you are out of luck. If the other person claiming the child is not the parent, but earns more than you do, you are out of luck as well. However, if the other person claiming the child is not the parent and you make more money, then you win the tie breaker. Keep in mind that someone else has to claim the child before the tie-breaker rules come into play. If the child's parents say that they are not claiming the child, you are free to claim hin/her yourself.
All of this can be found in publication 17 starting on page 24. I explained most of the rules for claiming a "qualifying child". There are also such things as "qualifying relatives", but I believe you won't need these for your situation. If in doubt, go see a tax professional BEFORE you or your sister or anyone in the house files their tax return.
2006-11-12 13:55:05 · answer #1 · answered by TaxMan 5 · 1⤊ 0⤋
If anything the mother would be able to claim the child on her taxes. But the main concern is who provides the most for the child. If the mother owns the house, feeds the child most meals, and provides for the child financially, then she can claim the child. However, if the sister provides more than half of the support for the child, then she can claim her/him. But most likely the mother will be able to claim the child.
However, below is a link that can answer almost every senario possible.
Please look at the website because it will provide you with the completely correct answer, as it is the IRS website.
2006-11-12 13:49:22 · answer #2 · answered by WorriedGirl 2 · 0⤊ 2⤋
If your sister is a minor child, your mother (as head of the household) can claim her as a dependent on her tax return.
2006-11-12 13:35:44 · answer #3 · answered by Bill P 5 · 0⤊ 0⤋
If you are the household and you can demonstrate that you support your sister in more than 60% of her expenses.
2006-11-12 13:44:58 · answer #4 · answered by Gloria T 1 · 0⤊ 2⤋
No. You would have to have legal guardianship if she is a minor. Also, you have to be able to provide more than 50 percent of her total $$ for her care (food, shelter, education) I'm not sure who's paying for it, but probably her mother.
2006-11-12 13:35:22 · answer #5 · answered by Anonymous · 0⤊ 2⤋
No...unless your the "legal guardian"...but if mom uses her on her tax return..you could be audited.
2006-11-12 13:36:41 · answer #6 · answered by Anonymous · 0⤊ 2⤋