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I stay with my brother and wife and he claims head of house / Joint. But I bascally support his youngest child. And I knoe only one can claim head of household.

2007-07-21 16:36:43 · 6 answers · asked by Anonymous in Business & Finance Taxes United States

6 answers

It depends on what you mean by "basically support" your nephew, and whether your brother claims him. Both you, and your brother and his wife, probably have the right to claim the child as a qualifying child. If your brother doesn't claim him, you most likely can. But if your brother wants to claim him, he has the first right to.

If your brother is married, he can't claim head of household. He can, and probably should, file a joint rerurn. There is no such thing as head of household/joint.

2007-07-21 16:50:03 · answer #1 · answered by Judy 7 · 1 1

It is possible that you can claim your nephew as a dependent on your tax return. The child is a "qualifying child" of his parents, and they are allowed to claim him. But they are not required to claim him.

If the parents do not claim their child, your nephew can be your qualifying child if:

1. You and your nephew had the same home for more than half the year.
2. Your nephew is under 19 or under 24 and a full-time student
3. Your nephew did not provide over half of his own support.

The amount of support you provided your nephew does not matter. If you claim the nephew and your income qualifies, you can get the Earned Income Credit and/or the Child Tax Credit based on claiming the child as a dependent.

2007-07-22 02:48:06 · answer #2 · answered by ninasgramma 7 · 0 0

This is a hard call cause so much is unsaid. Just because you support the child doesn't give you right to claim. You cannot claim Head unless ALL the bills are in your name & you pay them, personally. Most likely if they file joint, they carried the child already(earned income). He could be considered your dependent if he lived WITH YOU not you with him(his parents).

2007-07-22 00:27:55 · answer #3 · answered by Da B 4 · 0 2

How are you providing more than one half of the support for your nephew if you are living with your nephew's parents?

Sorry, but I doubt that you have any right to claim your nephew on your taxes.

2007-07-22 01:27:47 · answer #4 · answered by Steve 6 · 0 0

If he lives with you and you supported him at least half of the year, then yes you can claim him.

2007-07-21 23:52:07 · answer #5 · answered by Heather M 2 · 0 3

Only if you are his legal guardian

2007-07-21 23:45:10 · answer #6 · answered by MrCool1978 6 · 1 2

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