My question has to do with whether or not I can claim my nephew as my dependent. It's a complicated situation.
My sister and my nephew lived with my dad in my dads house and my dad took care of both of them. My dad has custody of my nephew. They lived in my dads house up unil my dad and my sister started having problems with her boyfriend in which they all moved to my house. My nephew lived with me off and on during the summer of 2006 and from Sept-Dec. In Dec I bought my dad and nephew a new house and my sister has moved out back with her boyfriend. Since my dad has custody and he does not file taxes and my nephew did live with me for most of last year can I file him on my taxes? Is there anyway that we can know if my sister has filed him on her taxes before I file my taxes? I don't want to anything illegal and I also don't want to get audited. I mean who does? Any advice on this topic would be greatly appreciated. Thanks!
2007-02-20 11:33:04 · 5 answers · asked by Kathy 1 in Business & Finance ➔ Taxes ➔ United States
A nephew can be a qualifying child, but "off and on during the summer and then Sept-Dec" doesn't sound like more than half the year, so you couldn't claim him as a qualifying child. And if he did live with your sister for over half the year, he'd be her qualifying child so you couldn't claim him as a qualifying relative either. So doesn't sound like you can, even if you did provide a lot of his support for the year, even if you provided over half.
It is NOT required that a person has to be the legal guardian to claim a child.
2007-02-20 11:50:57 · answer #1 · answered by Judy 7 · 1⤊ 0⤋
yes you can just make sure that you have any documents for your own good. The people answering your questions is totally wrong. my own son claimed my daughter on his taxes and got him refund and it was totally legal. The Jackson Hewitt did my taxes and my son's taxes and on the computer it ask u if this child is a dependent or niece, nephew etc.. You may have a hard time claiming a cousin. just make sure that he's not claimed by anyone else. My son had a right because he provides for my daughter and he has proof of that and yopu have a right if you have proof also. How do people think that only parents when some parents don't provide for their children and you do. Go fo it!!!!!!!!!!!!!!
2007-02-20 11:49:57 · answer #2 · answered by sweet p 3 · 0⤊ 2⤋
If your newphew lived for you for over half a year and you provided over half of his support, you can claim him as a dependent. You do not have to be his legal guardian.
2007-02-20 12:02:26 · answer #3 · answered by MARY K 1 · 0⤊ 0⤋
legal guardians are the only ones who can claim the dependents
2007-02-20 11:41:04 · answer #4 · answered by funibair 5 · 0⤊ 3⤋
only legal guardians can claim as a dependents
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2007-02-22 09:04:22 · answer #5 · answered by ellen h 2 · 0⤊ 0⤋