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Look2theStarz | Does my nefew qualify as a dependant? |
My cousin lived with me since December 2006 -August 2007. In febuary she had her son. While they were there she wasnt able to pay any money to me (she has been on welfare since he was born) She offered letting me claim him on my taxes for 2007. She didnt work and dad is out of the picture so he will not claim him either. Is this allowed? Ive heard of people doing it before but in not sure. I dont want to get in trouble with the IRS. :-( My taxes are fairily simple. I didnt make much & the only deductions would be the baby, school books, and my sons daycare (for some reason i gave his father the right to claim him every other year in our divorce papers my son lives with me over 70% of the time and the only money his dad puts out is his child support ...not the child support plus half of my sons expenses) but i was being nice )
what do you guys think?
Additional Details
WOW! it amazing to see the response to me spelling nephew wrong! and to the fact that i called my "second cousin" my nephew.
lighten up people...im asking a question not asking you to talk **** about my spelling or if i choose to open my house to a family member in need and if the little baby calls me auntie and i call him my nephew....
there are more important things going...i wont make the mistake of asking a question here again... |
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DONNA W
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I would say yes, you can. As long as no one else claims him, he lived with you for more than half the year 2007 and you where his major supporter. I'm not sure if his being a second cousin might make a difference I'd check into that with the IRS.gov site, but he is a blood relative and it should count. My 13 year old neice lived with us for 2006 and my sister couldn't afford to send us any support so she gave the claim to us. By rights since we were her sole support and she lived under our roof it was our deduction to claim regardless. We claimed her and received our refund without question. |
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chatsplas
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WELL, your cousin's son is NOT your NEPHEW, and IRS is very specific about who you can claim as dependents. And some you can claim for dependency exemtions, but NOT EIC or child tax credit. Did your provide more than half the cost of a home for yourself and everyone you want to claim as dependents? You have to count in welfare and Medicaid and food stamps.as part of their support. Take a look at the IRS Pub.17 at the library or online--there are worksheets and flowcharts.
As to your son, child support contributes to the support of your son. IF there's a problem with the adequacy, go back to court with documenation about how much more everything costs and that whatever he's paying isn't enough, and/or that his income has increased and his payments haven't, etc. Seems only fair that if he pays child support he gets to periodically claim your son, and the IRS allows that even if he lives with you 70% of time. |
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Question Everything
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The IRS has a "test" set of questions that will help you determine eligibility. I would go to their website, or call their office. Believe it or not, they have received some pretty good reviews on timeliness, courtesy, and accuracy over the past few years.
Otherwise, I would ask an accountant or tax preparer.
Sorry I coudn't be more helpful. |
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beerandraiderfan
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Not when spelled like that. |
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angel
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yes.....as long that nobody claim him too that might put u in trouble.. |
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Lil'MissThang
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I would say yes. When I was younger I lived with my cousin for awhile. She was able to claim me because she provided care for me for at least 6 months out of the yaer. But I would call H&R Block or somwhere like that and ask them. They don't charge you for asking questions and you don't have to tell them who you are. |
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Answer Fairy
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Your first mistake was being nice in your divorce. NEVER be nice in divorce. Your son is does not benefit because his mommy is "nice."
Your second mistake came when you let someone move in with you who can't afford to pay you. If she is on welfare, then she has SOME money to give you for room and board.
You have a child. Being a good, nice person is all well and good, but you need to think about what is best for you and your own kid. Saying no to someone does not make you a mean person.
You CAN claim him on your taxes. In fact, I think there is a way to claim her, too. By the way, if he is your cousin's son, then he would be your second cousin. NOT your nephew. |
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v b
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NO! You would be breaking the law.
"My cousin lived with me since December 2006 -August 2007. In febuary she had her son."
Neither your cousin or your "nephew" (he's NOT your nephew, he's your cousin once removed) lived with you all year. You cannot claim either one under the qualifying child rule (not closely related to you) nor under the qualifying relative rule (not closely related to you and did not live you all year).
If you foolishly try to claim the child, you will get mail from the IRS. When they find you have blatantly disregarded the rules, you can be banned from the EIC program for 2-10 years. |
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williambarr10
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maybe try asking others |
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T
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Yes, you probably could claim him. I would take the information to a tax person and let them tell you whether or not it can be done. You don't want to set yourself up for constant and continuous attention from the IRS. |
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