Tax question about claiming a dependent?

  • Thread starter Thread starter Ryan M
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Ryan M

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It really depends on who filed first. It sounds like the niece should be claimed by you, but if you filed after the mother, the IRS will kick your return back
 
okay..so my fiance and i have had my niece in our care since feb. 07. i am a stay at home auntie and he is in the military. my fiance claimed my niece on his tax return since he has been providing for the both of us since feb. 07.

now, my sister just filed her taxes and im worried that she may have tried to claim my niece as well since she's getting such a large sum back. my question is who's wrong in this situation? who's going to get in trouble after its red flagged and someone investigates.

i now have legal custody of my niece, i've had it since august. but i have a written statement from my sister that states my niece has been in my care since feb. my sister has not given my ANY kind of child support or helped out in any way with anything. my fiance has paid for everything, my nieces clothes, schooling, our house, all her furniture, food, etc.

thanks for your help.
 
Bpth your fiance AND your sister are wrong for claiming your niece, so both will be disallowed. Both of them should file an amended return dropping the claim. Your fiance isn't related to her, and didn't live with her ALL year (you said she only had been in your care since February - even if he provided all of her support he doesn't have the right to claim her as a dependent. And her mom can't claim her either since your niece didn't live with her for half the year.

You are the only one who might have had a legal claim to her as a dependent - but if you didn't have income, then there would be no benefit to you in claiming her.
 
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