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Noseynancy95
Returning Member

Am I allowed to claim my nephews brother?

My nephew along with his brother I have been the primary caretaker of . They live with me , their grandmother has custody but I help her with expenses because she is disabled . My nephew is my brothers son , my nephews brother we have always accepted as part of the family he calls me auntie I been in his life since he was born but he is not biologically my brothers . Can I still claim him? He’s related to me by my nephew technically?
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13 Replies

Am I allowed to claim my nephews brother?

So the nephew is related to you but he  has a brother that is not related to you ?   Interesting ... he may qualify as a Qualifying Relative but NOT a qualifying child ... here are the rules ...

 

Who can I claim as my dependent?

You can claim a child, relative, friend, or fiancé (etc.) as a dependent on your 2018 taxes as long as they meet the following requirements:

Qualifying child

  • They are related to you.
  • They aren't claimed as a dependent by someone else.
  • They are a U.S. citizen, resident alien, national, or a Canadian or Mexican resident.
  • They aren’t filing a joint return with their spouse.
  • They are under the age of 19 (or 24 for full-time students).
    • No age limit for permanently and totally disabled children.
  • They live with you for more than half the year (exceptions apply).
  • They didn't provide more than half of their own support for the year.

Qualifying relative

  • They don't have to be related to you (despite the name).
  • They aren't claimed as a dependent by someone else.
  • They are a U.S. citizen, resident alien, national, or a Canadian or Mexican resident.
  • They aren’t filing a joint return with their spouse.
  • They lived with you the entire year.
  • They made less than $4,150 in 2018.
  • You provided more than half of their financial support.

When you add someone as a dependent, we'll ask a series of questions to make sure you can claim them.

Related Information:

 

 

 

Noseynancy95
Returning Member

Am I allowed to claim my nephews brother?

Even if I am the caretaker and have a letter from social services stating that I can’t get the credit? So since I was audited will they make the adjustments? Will I get less back now my refund has been on hold while trying to prove my relationship
Noseynancy95
Returning Member

Am I allowed to claim my nephews brother?

Can I claim the child tax credit for him since he’s a child and not earned income because he’s not biologically related?

Am I allowed to claim my nephews brother?

Comment deleted. Misread question.

**Disclaimer: This post is for discussion purposes only and is NOT tax advice. The author takes no responsibility for the accuracy of any information in this post.**

Am I allowed to claim my nephews brother?


@Noseynancy95 wrote:
Can I claim the child tax credit for him since he’s a child and not earned income because he’s not biologically related?

Please clarify.  You say he is not biologically related, but in the first post you said that he is your brothers son which is biologically related - which is it.

 

Whether you can claim or not depends if he is related as your nephew and who else that is related also lives with him and whose AGI is higher.

 

 

**Disclaimer: This post is for discussion purposes only and is NOT tax advice. The author takes no responsibility for the accuracy of any information in this post.**
Noseynancy95
Returning Member

Am I allowed to claim my nephews brother?

The grandmother is disabled I provide the expenses and housing . My nephew is biologically related to me his brother however is not my blood but I consider him my nephew and social services has me listed as his aunt I claimed them both and I have to prove my relationship to my biological nephews brother. Do you understand now? Also I claimed them this year and was not audited this is from 2017 , I been dealing with the audit for over a year . If I’m audited one year will I be others?

Am I allowed to claim my nephews brother?


@Noseynancy95 wrote:
The grandmother is disabled I provide the expenses and housing . My nephew is biologically related to me his brother however is not my blood but I consider him my nephew and social services has me listed as his aunt I claimed them both and I have to prove my relationship to my biological nephews brother. Do you understand now? Also I claimed them this year and was not audited this is from 2017 , I been dealing with the audit for over a year . If I’m audited one year will I be others?

If that person is not also your brothers son then you are not blood related to him and cannot claim him as a "Qualifying Child".   You might be able to claim him as a "Qualifying Relative" (that does not actually need to be related if he lived with you the entire year) , you paid more than half his total support for the year, his gross income was less than $4150, and no other taxpayer can claim him.   The most that you can get is the $500 "other dependent" credit.  No other credits are available.

 

 

In TurboTax he would be entered as "Another Person" and then "other".   TurboTax will not give you the EIC or Child tax credit, only the dependent credit.

**Disclaimer: This post is for discussion purposes only and is NOT tax advice. The author takes no responsibility for the accuracy of any information in this post.**
Noseynancy95
Returning Member

Am I allowed to claim my nephews brother?

If they switch last year’s credit around will they switch this year’s? I was audited for last year not this year and I didn’t know I was unable to because the tax preparer said I would be fine . Can I still claim my biological nephew?

Am I allowed to claim my nephews brother?


@Noseynancy95 wrote:
If they switch last year’s credit around will they switch this year’s? I was audited for last year not this year and I didn’t know I was unable to because the tax preparer said I would be fine . Can I still claim my biological nephew?

You can claim your biological nephew if you meet the requirements for a Qualifying Child that Critter posted.

 

Whether you are audited this year or not is up to the IRS, usually audit letters go out about a year to a year and a half after filing.

**Disclaimer: This post is for discussion purposes only and is NOT tax advice. The author takes no responsibility for the accuracy of any information in this post.**
Noseynancy95
Returning Member

Am I allowed to claim my nephews brother?

So will it mean and automatic audit for this year If they change this year’s?
Noseynancy95
Returning Member

Am I allowed to claim my nephews brother?

I mean would I automatically get audited for this year if they change last years? Will they audit every year I’ve done my taxes I’ve claimed my nephews for the last 4 years :( last year was the first time I was audited

Am I allowed to claim my nephews brother?


@Noseynancy95 wrote:
I mean would I automatically get audited for this year if they change last years? Will they audit every year I’ve done my taxes I’ve claimed my nephews for the last 4 years :( last year was the first time I was audited

Nobody other than the IRS could answer that and they will not tell you.   The IRS can audit anyone at any time for any reason and some audits have no reason - they are totally random.   The IRS does not share their criteria for auditing.

**Disclaimer: This post is for discussion purposes only and is NOT tax advice. The author takes no responsibility for the accuracy of any information in this post.**
Noseynancy95
Returning Member

Am I allowed to claim my nephews brother?

So you don’t know if this will trigger an audit for previous years? Ok well thank you for helping me
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