Last year in February, my sister moved into my apartment with her four kids (two are hers by birth and two are her boyfriend's kids) My sister didn't lose her job, but she has been saving money, so I had been taken care of the bills, food, and other neccesities. I have been buying clothes for all four kids. I do not want to commit fraud in any way, so I'm asking is it possible for me to claim the two children that are not hers
2007-12-30 07:01:13 · 7 answers · asked by lonnie h 1 in Business & Finance ➔ Taxes ➔ United States
Get IRS publication 501 and pull out the support worksheet.
Sit down and do it for your sister, and each of the four children. You and your sister should do this together.
First off, if you have no biological or legal relationship to 2 of these kids you can't claim them in any way since they didn't live with yout all year. If these children are merely her "boyfriend's kids" and weren't legally placed with your sister, she might be able to claim them as qualifying relatives, but wouldn't get much more than their exemptions. (No child care, no child tax credit, no EIC.)
In order for you or your sister to claim her two kids, first you do what's called the qualifying child test.
1. Related to you (yes for both you and sis).
2. Lived with you for more than 6 months (yes to both).
3. Child did not support themselves (yes to both).
4. Child is under age 19 or under 24 and a full time student.
(true for both you and sis)
Does your sister qualify as well? It's possible that sis meets these criteria in which case she can't claim her children at all.
If your sister is an adult and these children are QCs for both of you, she can claim both, she can claim 1 and let you claim 1 or she can let you claim both. It's her choice and if she wants to claim them, the IRS will let her. (You have zero rights here.)
You MUST have a QC or your sister as a qualifying relative to claim the exemption, be eligible for HOH status, child care, child tax credit or EIC.
Next, there is also a Qualifying Relative Test.
It requires that the dependent not already be a QC.
It requires that the dependent either be a relative or have lived with you all year.
Their income must be less than $3400.
You must have provided more than half of their support.
You don't meet the test for the boyfriend's kids. Your sister *might* but as a QR, they only get her the $3400 exemption and nothing else.
Once you know if you could file different ways, you and your sister should dummy up several tax returns to figure out if the refunds will be larger if you claim 1 or 2 kids or if she claims 1 or 2 kids. Keep in mind, she's going to expect the extra money to be her money either way.
And as a stupid postscript, the non-custodial dad for her kids can't claim them unless the two parents provided more than half of the support AND your sister signs a form 8332 allowing him to. The non-custodial dad and mother of the other 2 kids can't claim them at all unless they can PROVE they provided more than half of their support. Chances are somebody who isn't entitled to claim one of these 4 kids will file electronically and claim them anyway. In that case, just file your and your sister's returns on paper.
2007-12-30 07:35:33 · answer #1 · answered by Anonymous · 0⤊ 0⤋
You may want to call the IRS at 1-800-829-1040 for advice. However, it is my understanding that you should be able to claim your niece(s) and nephew(s) on your return provided you provided them with more than half their support for the year and that they lived with you for the entire year.
However, just as a warning, your sister may want to take them as exemptions, in which case, you may have a problem on your hands, if she is not amiable to letting you claim them as dependents.
2007-12-30 07:16:34 · answer #2 · answered by RUSerious 7 · 0⤊ 0⤋
I am sorry to let you know this, But you can't claim someone else children, unless you have legally adopted these children. I am sorry to tell you, But you can't claim them on your tax's. If I where you, I would talk to someone at H&R bock about this before I would claim them. Because as of right now you can't claim those children. Only your sister can claim her own children. And she can't claim her boyfriend children as of right now. Because if you do, Then yes you will be commiting fraud.
2007-12-30 07:53:22 · answer #3 · answered by omegarussell42 3 · 0⤊ 3⤋
Nope
2007-12-30 07:05:18 · answer #4 · answered by Lilea 2 · 0⤊ 1⤋
You can't claim her boyfriend's kids. You might be able to claim HER two, if she doesn't.
2007-12-30 07:08:16 · answer #5 · answered by Judy 7 · 2⤊ 0⤋
This question should be asked to a tax advisor. They are the only ones qualified to answer this question...
2007-12-30 07:05:47 · answer #6 · answered by Taz 4 · 0⤊ 1⤋
I agree with the answer that you should talk to a tax expert.
2007-12-30 07:08:41 · answer #7 · answered by Bears Mom 7 · 0⤊ 1⤋