@briiluraye wrote:
My aunt and her husband have had my kids for all of 2019. I still have custody of them so there is not adoption or anything like that. My aunts husband claimed my kids on his taxes as his nieces. The IRS sent a letter saying that he has to prove that they are related to him, but how? By blood they are related to my aunt but not him. They are holding the tax check until we can send proper documentation. What do we do??
Legal custody and tax custody are different, but putting that aside, *you* are your aunts (and her husband) niece. Your children are children are nieces once removed. That is not a close enough relation in the tax code to be a Qualifying Child dependent. If the children lived with them and they provide the support then they could still claim the children as "Qualifying Relatives" that Are listed as "Other person" on the tax return, (not niece) and will give a $500 credit - no other credits.
These are the only relationships that can be a Qualifying child
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Your child, stepchild, foster child, or a descendant of any of them (for example, your grandchild). (A legally adopted child is considered your child.)
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Your brother, sister, half brother, half sister, stepbrother, or stepsister.
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Your father, mother, grandparent, or other direct ancestor, but not foster parent.
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Your stepfather or stepmother.
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A son or daughter of your brother or sister.
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A son or daughter of your half brother or half sister.
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A brother or sister of your father or mother.
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Your son-in-law, daughter-in-law, father-in-law, mother-in-law, brother-in-law, or sister-in-law.
Any of these relationships that were established by marriage aren't ended by death or divorce.
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**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.**
