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Can I file my nephew on my taxes if my sister still owes the IRS?

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  • Can I file my nephew on my taxes if my sister still owes the IRS?


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Answer #1 | 23/12 2013 06:01
I think you should consult a real tax expert on that .. like H&R BLOCK..
Answer #2 | 23/12 2013 06:20
Are you supporting her children? Do they live with you? Do you pay for more than 50% of their upkeep--food, shelter, clothing, and schooling/education? If so, then anyone who meets this criteria can be your dependents--if your sister has no source of income of her own and is not supporting these children. It does not matter what SHE owes to the IRS. You can't just pick and choose one child of hers to "claim" as a dependant. If your sister is being supported by you, and has been for the past year you may be able to claim them. However, presumably these children have fathers--or a father--and he ( or they) may be claiming these children on HIS tax return if he's paying child support. Go to the IRS website and take their "interview" on dependants--and see if they meet the criteria for you claiming them. If they don't live with you, it's unlikely you will be able to claim them, as you are not providing their shelter and upkeep--even if you're giving your sister money for this purpose. The IRS also has a toll-free number to ask questions. I suggest you call them before you attempt to claim anyone who is not your full dependant, spouse or child.
Answer #3 | 23/12 2013 06:57
Can't tell from the information you give. Do you LIVE with your sister and her children? If yes, is your income higher than your sister's? If you don't live with her and her children and she has more than $3900 of income, you can't claim them at all. (She would be the only one who could claim them.) If you do live with them, but your income is less than hers, you still can't claim them because you don't meet all the tests. Keep in mind that if you don't live with them and you try to claim them for EIC, you can be in just as much trouble as she is.
Answer #4 | 23/12 2013 07:07
Not enough info to say. Define "taking care of". Who lived with whom, for how much of the year, and how much each did you and you sis make for the year?

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