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Teresa K | Cain I claim family on tax returns? |
My sister and her two children have lived with me the entire year of 2008. She is not working, but gets some assistance from the state and student loans to go to college full time. Both children are in her sole custody so she normally claims them.
Since they've lived with me all year and she has not worked at all, can I claim her and/or the kids on my tax return? She wants me to do this, but I don't know if this is legal or the correct way to go about it.
Additional Details
My sister gets food stamps and day care assistance from the government since she is a full time student. Would me claiming the kids on my taxes affect that? For example, would they then have to use my returns to determine eligibility for assistance since I'm claiming I paid half their support for the year? |
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Judy1
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That would depend on the amount and nature of the "assistance from the state". Unless that assistance includes money for the kids and provides over half of their support, you should be able to claim the kids as qualifying children if they meet age requirements. You might or might not be able to claim your sister. The loan amounts, although not counted as income since they must be paid back, are part of her own contribution to her own support assuming that the loans are in her name and not yours, so you probably can't claim her as a dependent unless you can show that her total contribution to her own support is less than half of her total support. |
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Jss
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You can claim your sister as qualifying relative if your provided more than her support and she did you earn more than $3,500. Support provided by your sister includes some assistance from state and student loans, so you must spend more than that.
You can claim children as qualifying child if they lived with you for more than 6 months and you provided more than half of their support.
Read http://taxipay.blogspot.com/2008/03/requirements-for-claiming-dependent.html |
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travelguruette
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You need to check with the assisstance programs. These programs are meant to support her. If she is your dependent she doesnt need support. You have to support her more than 50% and if she has assistance and loans you may not qualify. |
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efflandt
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jss seems to have skipped some words making things confusing.
Get it from the horse's mouth. Read about "Exemptions for Dependends" in IRS Publication 501 http://www.irs.gov/publications/p501/index.html |
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v b
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If you and your sister agree AND you qualify, then yes you can claim the chidren (related, lived with you for more than 6 months, under 19).
You probably CAN'T claim your sister. Why? Because I doubt you can prove that you provided more than half of her support. Not only is there an income test for adults, but there is a support test as well. The state assistance and student loans all count as support you did not provide. |
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piet lul
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you bet ye |
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elaeblue
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I think you can do so but I would check with a tax preparer first to be sure. |
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pretieyez4u
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Just from what you have said here, yes you should be able to claim all three of them. You will not be able to get some of the same benefits from the children as your sister, but they could be used as exemptions. You should sit down with you tax preparer and figure out how it should be done, there are several ways. So you need to go through the possibilities and figure out which one would be more advantageous. good luck!! |
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